# In the matter of Trading Engineers (International) Ltd. (IB)-1416(ND)2019

> NCLT judgment dated 2021-07-26. Citation: TCN-2021-NCLT-01617. The case involves multiple Interlocutory Applications (IAs) filed in the National Company Law…

- **Court:** NCLT
- **Order date:** 26 Jul 2021
- **Citation:** TCN-2021-NCLT-01617
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/trading-engineers-international-ltd-ib-1416nd2019-0f89e970

## Summary

### Background

The case involves multiple Interlocutory Applications (IAs) filed in the National Company Law Tribunal (NCLT), New Delhi Bench, related to an insolvency case under Section 9 of the IBC Code, 2016. These IAs pertain to issues such as delays in claim filing, requests for early hearings, and submissions related to the Corporate Insolvency Resolution Process (CIRP). The Resolution Professional (RP) is involved in several of these applications. The court is addressing these IAs in the context of the CIRP and the approved resolution plan.

## Facts

Vijaya Purohit filed an application against M/s. Trading Engineers (International) Ltd under Section 9 of the IBC Code, 2016. Several IAs were filed in connection with this case, including IA/2067/2021, IA/2068/2021, I.A2205/2021, ΙΑ/875/2021, IA/5615/2020, IA/5630/2020, IA/3049/2020, IA/3122/2020, IA/3628/2020, IA/4128/2020, ΙΑ/3436/2020, IA/1272/2021 & IA/1295/2021. The CIRP had already expired in some cases, rendering the applications infructuous. In IA/3628/2020, the applicant sought condonation of a 336-day delay in filing a claim, which was beyond the 330-day period for CIRP completion. The Resolution Plan had already been approved by the COC. The court considered the decisions in Essar Steel India Limited Vs. Satish Kumar Gupta & Ors. and Jaypee

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## Issues and analysis

### Issue 1: Whether IA/3628/2020 should be allowed, condoning …

**Ratio:** Claims must be submitted to and decided by the resolution professional within the

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**Reasoning:** The court reasoned that allowing the condonation of a 336-day delay would be contrary to

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**Interpretation:** The court interpreted the Supreme Court's rulings to mean that strict adherence

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**Application:** The court applied the ratio to the facts of the case, noting that the

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## Parties

- **Judges:** ABNI RANJAN KUMAR…; L. N. G…
- **Appellants:** Vijaya Pu…
- **Respondents:** M/s. Trading…

## Timeline

- **2021-07-26 — Order Del…**: Order delivered on…
- **2021-09-09 — Matter L…**: The matter is listed on…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 60(6) — Adjudicating Authority for corporate persons](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-60)

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