# In the matter of Tantia Constructions Limited IA No.1840-KB-2019 & IA No.497-KB-2020 in CP (IB) No.148-KB-2018

> NCLT judgment dated 2021-05-17. Citation: TCN-2021-NCLT-02127. The case involves two applications, IA No. 1840/KB/2019 and IA No. 497/KB/2020, filed in CP…

- **Court:** NCLT
- **Order date:** 17 May 2021
- **Citation:** TCN-2021-NCLT-02127
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/tantia-constructions-limited-ia-no1840-kb-2019-ia-no497-kb-2020-in-cp-ib-no148-k-04165d49

## Summary

### Background

The case involves two applications, IA No. 1840/KB/2019 and IA No. 497/KB/2020, filed in CP (IB) No. 148/KB/2018, related to the insolvency resolution process of Tantia Constructions Limited. IA No. 1840/KB/2019 was filed by Tantia-MPPL (WILO) JV seeking inclusion of their claim of ₹9.02 crore. IA No. 497/KB/2020 was filed by Krishna Hi-Tech Infrastructure Private Limited seeking reconsideration and reverification of their claim. The Resolution Professional (RP) of Tantia Constructions Limited is the respondent in both applications. The Adjudicating Authority had already approved the Resolution Plan for the corporate debtor.

## Facts

Tantia Constructions Limited is undergoing corporate insolvency resolution process under CP (IB) No. 148/KB/2018. Tantia-MPPL (WILO) JV filed IA No. 1840/KB/2019 seeking inclusion of their claim of ₹9.02 crore, based on a Joint Venture Agreement (JVA) dated 03.02.2014 with the corporate debtor for construction projects. The 54th Annual Report of the corporate debtor for 2018-19 acknowledges the debt owed to the joint venture company. The RP communicated non-acceptance of the claim via email dated 07.12.2019. Krishna Hi-Tech Infrastructure Private Limited filed IA No. 497/KB/2020 seeking reconsideration of their claim of ₹1,81,00,496/-, filed with the RP on 24.04.2019. The RP requested further information, which the applicant provided. The RP uploaded a list of

…

## Issues and analysis

### Issue 1: Whether IA No. 1840/KB/2019 and IA No. 497/KB/2020 are maintainable after the approval of the …

**Ratio:** The principle derived from Committee of Creditors of Essar Steel India Limited v Satish

…

**Reasoning:** The court distinguished the Essar Steel case, noting that the applicants in the present

…

**Interpretation:** The court interpreted that the principle in Essar Steel case generally deals

…

**Application:** The court applied this reasoning to the specific facts, noting that the

…

## Parties

- **Judges:** Rajasekha…; Harish Chander…
- **Appellants:** State Bank of…
- **Respondents:** Tantia Constructio…; Kshitiz Chhawchhar…
- **Advocates:** Mr Rishav B…; Mr Ritoban…; +4 more

## Timeline

- **2014-02-03 — Joint Venture…**: Applicant and corporate debtor entered…
- **2014-10-15 — Contract Ag…**: Tender awarded by Kolkata…

## 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/tantia-constructions-limited-ia-no1840-kb-2019-ia-no497-kb-2020-in-cp-ib-no148-k-04165d49