# In the matter of Sunil Hitech Engineers Ltd. MA 1489 & 1849-2019 In C.P. (IB)-2295-(MB)-2018

> NCLT judgment dated 2019-06-06. Citation: TCN-2019-NCLT-03027. The case involves two applications, MA 1489/2019 and MA 1849/2019, filed in relation to C.P.…

- **Court:** NCLT
- **Order date:** 6 Jun 2019
- **Citation:** TCN-2019-NCLT-03027
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/sunil-hitech-engineers-ltd-ma-1489-1849-2019-in-cp-ib-2295-mb-2018-5a26306e

## Summary

### Background

The case involves two applications, MA 1489/2019 and MA 1849/2019, filed in relation to C.P. (IB)-2295/(MB)/2018 under Section 7 of the Insolvency and Bankruptcy Code, 2016. MA 1489/2019 was filed by an operational creditor, Shri Swami Samarth Infrastructure & Electrical Supplier, seeking condonation of delay for submitting claims. MA 1849/2019 was filed by Vadim Infrastructure Pvt Ltd seeking direction against the RP to include their claim and a restraining order against the RP of Sunil Hi-Tech Engineers Ltd from making payments to other creditors. The CIRP was initiated on 2018-09-10, and the RP rejected the applicant's claim in MA 1489/2019. Vadim Infrastructure's claim is based on an award that is stayed by the High Court.

## Facts

American Express Banking Corp initiated CIRP against Sunil Hitech Engineers Ltd. Shri Swami Samarth Infrastructure & Electrical Supplier, an operational creditor, filed MA 1489/2019 seeking condonation of a 72-day delay in submitting its claim, which was rejected by the RP. The applicant stated that the delay was not intentional and that continuous talks were ongoing with the respondent company, with some part payments made. Vadim Infrastructure Pvt Ltd filed MA 1849/2019 seeking direction against the RP to include its claim of Rs.11,17,11,466/-. Vadim Infrastructure's claim is based on an award from the Micro Small Enterprises Facilitation Council, which is stayed by the High Court. The CIRP was initiated on 2018-09-10 and is nearing its end, with no resolution

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## Issues and analysis

### Issue 1: Whether the delay in submitting the claim by Shri Swami Samarth Infrastructure & Electrical …

**Ratio:** The statutory provision U/S 33 of the Insolvency and Bankruptcy Code dictates that if no

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**Reasoning:** The court reasoned that since the CIRP period was ending and no resolution plan was under

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**Interpretation:** The interpretation of Section 33 implies that during the liquidation process,

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**Application:** The ratio and reasoning were applied to the facts by allowing the applicant to

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## Parties

- **Judges:** V. P. S…; RavikumarDu…
- **Appellants:** American Express…
- **Respondents:** Sunil Hitech…

## Timeline

- **2018-09-10 — CIRP Init…**: Corporate Insolvency Resolution…
- **2019-03-11 — Claim Subm…**: Applicant submitted claims…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 7 — Initiation of corporate insolvency resolution…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-7)

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