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

> NCLT judgment dated 2021-08-12. Citation: TCN-2021-NCLT-01351. This case involves an application (I.A. No. 1840/KB/2019) filed by Tantia-MPPL (WILO) JV…

- **Court:** NCLT
- **Order date:** 12 Aug 2021
- **Citation:** TCN-2021-NCLT-01351
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/tantia-constructions-limited-ia-no1840-kb-2019-in-cp-ib-no148-kb-2018-3168b9b1

## Summary

### Background

This case involves an application (I.A. No. 1840/KB/2019) filed by Tantia-MPPL (WILO) JV against the Resolution Professional (RP) of Tantia Constructions Limited (corporate debtor). The applicant sought a direction from the NCLT to include its claim of Rs. 9.02 crore in the corporate debtor's insolvency resolution process. The applicant also requested that no resolution plan be considered or approved until the application is disposed of. The claim arises from a Joint Venture Agreement (JVA) between the applicant and the corporate debtor for construction work under the Kolkata Environmental Improvement Investment Program (KEIIP).

## Facts

Tantia-MPPL (WILO) JV filed an application against the Resolution Professional (RP) of Tantia Constructions Limited, the corporate debtor, seeking inclusion of a claim of Rs. 9.02 crore in the insolvency resolution process. The claim originated from a Joint Venture Agreement (JVA) dated 2014-02-03 between the applicant and the corporate debtor for construction of pumping stations and sewerage/drainage networks under the Kolkata Environmental Improvement Investment Program (KEIIP). The corporate debtor was responsible for civil work, while the applicant handled electro-mechanical work. An amended JVA was executed on 2018-11-29 after the corporate debtor faced financial difficulties, leading WILO Mather and Platt Pumps Private Limited to take over the remaining work. The

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## Issues and analysis

### Issue 1: Whether the Resolution Professional (RP) was justified in rejecting the claim of Tantia-MPPL (WILO) …

**Ratio:** The RP's role is primarily to collate claims, not to adjudicate them. Acknowledgements of

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**Reasoning:** The NCLT found that the RP had acknowledged the liability in the books of accounts of the

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**Interpretation:** The RP's duty is to verify and collate claims, not to make judgments on their

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**Application:** The NCLT applied this principle to the facts, noting that the RP had

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## Parties

- **Judges:** Rajasekha…; Harish Chander…
- **Appellants:** Tantia-MPPL…
- **Respondents:** Tantia Constructio…; Kshitiz Chhawchhar…

## Timeline

- **2014-02-03 — Joint Venture Agreement…**: Applicant and Corporate Debtor entered into a Joint Venture Agreement (JVA) for…
- **2014-10-15 — Contract Ag…**: Tender awarded by Kolkata Municipal Corporation (KMC) through Kolkata Environmental…

## 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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