# In the matter of Vijay Engineering Enterprises Pvt. Ltd. 
IA 1304-NCLT-MB-IV-2020  In CP (IB) No.1712-NCLT-MB-IV-2019

> NCLT judgment dated 2021-05-05. Citation: TCN-2021-NCLT-02193. The case involves an application filed by Ultra Tech Cement Limited, the Applicant, under…

- **Court:** NCLT
- **Order date:** 5 May 2021
- **Citation:** TCN-2021-NCLT-02193
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/vijay-engineering-enterprises-pvt-ltd-ia-1304-nclt-mb-iv-2020-in-cp-ib-no1712-nc-469eaa06

## Summary

### Background

The case involves an application filed by Ultra Tech Cement Limited, the Applicant, under section 60(5) of the Insolvency & Bankruptcy Code, 2016 (I&B Code) against Minita D. Raja, the Resolution Professional, for rejection of a claim. The Applicant's claim was rejected by the Respondent via email dated 20.11.2019, stating that the amount claimed was disputed and pending adjudication before the Arbitral Tribunal & District Court. The Corporate Debtor initiated arbitration proceedings against the Applicant, and the Applicant filed a cross-claim. The Applicant's claim amounts to Rs.35,58,96,601/-. The Respondent argues that the claim was filed late and that the amount claimed does not appear in the Corporate Debtor's books of accounts.

## Facts

Ultra Tech Cement Limited (UTCL) filed a claim of Rs.35,58,96,601/- as an operational creditor against the Corporate Debtor, which was undergoing the Corporate Insolvency Resolution Process (CIRP). Minita D. Raja was appointed as the Interim Resolution Professional (IRP) and later confirmed as the Resolution Professional (RP). The RP rejected UTCL's claim because the amount was disputed and pending adjudication before the Arbitral Tribunal and District Court. The Corporate Debtor had initiated arbitration proceedings against UTCL, and UTCL had filed a counter-claim. UTCL filed its claim with the RP on 12.11.2019, after the last date for filing claims as per the public announcement, which was 07.11.2019. The admission order of the Corporate Debtor was passed on

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## Issues and analysis

### Issue 1: Whether the non-admission of claim by the Respondent stating it to be a disputed claim pending …

**Ratio:** The role of the Resolution Professional is to collate claims, and where he is unable to

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**Reasoning:** The court considered the judgment of the Supreme Court in Swiss Ribbons Private Limited

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**Interpretation:** The Resolution Professional has an administrative role and cannot exclude a

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**Application:** In this case, the Applicant had filed a counter-claim before the Arbitral

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## Parties

- **Judges:** RAJESH S…; SUCHITRAKAN…
- **Appellants:** Ultra Tech Cement…
- **Respondents:** Minita D.…
- **Advocates:** Suchitra…; Sharanya Shivarman…; +2 more

## Timeline

- **2019-08-09 — Admission o…**: The admission of CIRP of the…
- **2019-08-09 — Appointment…**: Minita D. Raja was appointed as the…

## 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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