# In the matter of Nagarjuna Oil Corporation Ltd. CA-108-IB-2018 In TCP-10 -(IB)-2017

> NCLT judgment dated 2019-02-19. Citation: TCN-2019-NCLT-04768. The case involves an application (CA/108/IB/2018) within the context of a corporate insolvency…

- **Court:** NCLT
- **Order date:** 19 Feb 2019
- **Citation:** TCN-2019-NCLT-04768
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/nagarjuna-oil-corporation-ltd-ca-108-ib-2018-in-tcp-10-ib-2017-4b0baaba

## Summary

### Background

The case involves an application (CA/108/IB/2018) within the context of a corporate insolvency resolution process (TCP/10/(IB)/2017). The liquidator submitted that the applicant has filed a claim before him, which is currently under examination.

## Facts

The applicant filed a claim with the liquidator in relation to the corporate insolvency resolution process of Nagarjuna Oil Corporation Ltd. The liquidator is currently examining the claim. The counsel for the applicant and the liquidator were present during the hearing. The court closed the application but granted the applicant the liberty to file a new application if aggrieved by the liquidator's decision.

## Issues and analysis

### Issue 1: Whether the application CA/108/IB/2018 should be closed given the liquidator's statement that the …

**Ratio:** When a claim is under examination by the liquidator, it is within the court's discretion

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**Reasoning:** The court reasoned that since the liquidator is already examining the claim, keeping the

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**Interpretation:** This interpretation suggests a procedural efficiency where the court defers to

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**Application:** The court applied this principle by closing the application, as the liquidator

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## Parties

- **Judges:** Ch. Mohd Sharief…
- **Appellants:** Pawan Jh…
- **Respondents:** NAGARJUNA OIL…

## Timeline

- **2019-02-19 — Hearing…**: Hearing held at 10:30 AM at the Chennai…

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