# In the matter of Osaka Pharmaceuticals Pvt. Ltd. I.A. No. 343,344,345,346,380,381,382,383,384,435,436,437,438 & 440-2019 in CP(IB) No. 248-2018

> NCLT judgment dated 2019-07-26. Citation: TCN-2019-NCLT-02250. CP(IB)No. 248/2018 was filed by the Proprietor of M/s Western Pharma under section 9 of the…

- **Court:** NCLT
- **Order date:** 26 Jul 2019
- **Citation:** TCN-2019-NCLT-02250
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/osaka-pharmaceuticals-pvt-ltd-ia-no-343344345346380381382383384435436437438-440-d0f7c70b

## Summary

### Background

CP(IB)No. 248/2018 was filed by the Proprietor of M/s Western Pharma under section 9 of the Insolvency and Bankruptcy Code, 2016 seeking reliefs under section 9 in respect of M/s. Osaka Pharmaceuticals Private Limited, treating it as a Corporate Debtor. The Adjudicating Authority admitted the CP(IB) No. 248/2017 on 10.10.2018 and appointed Shri Hiten M. Parikh as the Interim Resolution Professional (IRP). The CoC replaced the IRP in its first meeting held on 12.11.2018 and appointed Mr. Abhishek Nagori as the Resolution Professional (RP). The IRP made a public announcement on 15.10.2018 calling upon the claims from the creditors. The RP filed IA No. 439 of 2019 for liquidation of the Corporate Debtor Company Osaka Pharmaceuticals Limited under section 33(1) and 33(2)

…

## Facts

M/s Western Pharma filed CP(IB)No. 248/2018 under section 9 of the Insolvency and Bankruptcy Code, 2016, against M/s. Osaka Pharmaceuticals Private Limited, seeking to initiate the Corporate Insolvency Resolution Process (CIRP). The Adjudicating Authority admitted the application on 10.10.2018 and appointed Shri Hiten M. Parikh as the Interim Resolution Professional (IRP). Subsequently, the Committee of Creditors (CoC) replaced the IRP with Mr. Abhishek Nagori as the Resolution Professional (RP) on 12.11.2018. The IRP had already made a public announcement on 15.10.2018, inviting claims from creditors. The RP then filed IA No. 439 of 2019 seeking liquidation of Osaka Pharmaceuticals under sections 33(1) and 33(2) of the IBC. During the pendency of the liquidation

…

## Issues and analysis

### Issue 1: Whether the Resolution Professional (RP) has the authority to adjudicate claims of Operational …

**Ratio:** The Resolution Professional (RP) is not vested with any adjudicatory power. He is legally

…

**Reasoning:** The Adjudicating Authority emphasized that the RP's role is primarily to collate and

…

**Interpretation:** The interpretation of the IBC suggests that the RP's role is to facilitate the

…

**Application:** In this case, the RP's rejection of claims was deemed an overreach of

…

## Parties

- **Judges:** Harihar Prakash…; Manorama…
- **Appellants:** Manish Kanubhai…
- **Respondents:** Osaka Pharmaceutic…; Abhishek…

## Timeline

- **2018-10-10 — Admission of CP(IB) No.…**: The Adjudicating Authority…
- **2018-10-15 — Public Announcement by…**: The Interim Resolution Professional (IRP) made a public announcement calling for claims…

## 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)

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclt-chandigarh/osaka-pharmaceuticals-pvt-ltd-ia-no-343344345346380381382383384435436437438-440-d0f7c70b