# In the matter of NTL Electronic India Limited CP(IB)No. 814-ND-2019 (IA-1658-2020)

> NCLT judgment dated 2020-08-17. Citation: TCN-2020-NCLT-00842. M/s Roop Polymers Limited filed an application in Company Petition No. IB/814/ND/2019, seeking…

- **Court:** NCLT
- **Order date:** 17 Aug 2020
- **Citation:** TCN-2020-NCLT-00842
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/ntl-electronic-india-limited-cpibno-814-nd-2019-ia-1658-2020-e705b135

## Summary

### Background

M/s Roop Polymers Limited filed an application in Company Petition No. IB/814/ND/2019, seeking direction to the Resolution Professional to admit their claim of Rs. 33,04,823.40 towards mould cost and interest, in addition to the admitted claim of Rs. 75,62,720. The applicant had previously filed an application under Section 9 of the IBC, 2016, which became infructuous as CIRP had already been initiated against the Corporate Debtor. The applicant submitted their claim to the Resolution Professional, who admitted only Rs. 75,62,720 and disallowed the rest.

## Facts

M/s Roop Polymers Limited (the applicant) sought to have its claim of Rs. 33,04,823.40 admitted by the Resolution Professional (RP) in the CIRP of M/s NTL Electronics India Limited (the Corporate Debtor). The claim comprised mould costs and interest. The applicant had previously filed a Section 9 application, which was rendered infructuous due to the initiation of CIRP against the Corporate Debtor. The applicant submitted its claim to the RP, who admitted Rs. 75,62,720 but disallowed the remaining amount. The applicant argued that it had supplied goods and moulds to the Corporate Debtor under a supply agreement and a mould agreement. The Corporate Debtor had allegedly not paid the full cost of the moulds, and the applicant claimed interest at 24% as per the invoices.

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## Issues and analysis

### Issue 1: Whether the Resolution Professional was justified in rejecting the applicant's claim for Rs. …

**Ratio:** The validity of a claim depends on the supporting documents and adherence to legal

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**Reasoning:** The NCLT found that the supply agreement, invoices, and purchase orders were unsigned,

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**Interpretation:** The absence of signatures on key documents raises doubts about their

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**Application:** The applicant's claim was rejected because the supporting documents were

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## Parties

- **Judges:** ABNI RANJAN KUMAR…; K.K. V…
- **Appellants:** M/s Roop Polymers…
- **Respondents:** M/s NTL Electronic…

## Timeline

- **2019-01-01 — Filing of Company…**: Company Petition (IB)…
- **2019-09-05 — Order on Section 9…**: Applicant informed that Section 9…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 60(5) — Adjudicating Authority for corporate persons](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-60)

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