# In the matter of Welcome Distilleries Pvt. Ltd. TP No. 101-CTB-2019 Arising out of CP (IB) No. 3284-MB-2018

> NCLT judgment dated 2020-02-20. Citation: TCN-2020-NCLT-01874. M/s Raj Process Equipments and Systems Pvt. Ltd. filed an application under Section 9 of the…

- **Court:** NCLT
- **Order date:** 20 Feb 2020
- **Citation:** TCN-2020-NCLT-01874
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/welcome-distilleries-pvt-ltd-tp-no-101-ctb-2019-arising-out-of-cp-ib-no-3284-mb-5a7e3744

## Summary

### Background

M/s Raj Process Equipments and Systems Pvt. Ltd. filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016, before the NCLT Mumbai Bench, numbered as CP (IB) No. 3284/MB/2018. The NCLT admitted the application on 06.03.2019. M/s Welcome Distilleries Private Limited, the respondent, appealed against this decision before the NCLAT. The NCLAT set aside the order on 02.08.2019, directing the Adjudicating Authority to decide the fee and cost of the Resolution Professional. The case was then transferred to the current Adjudicating Authority and renumbered as TP No. 101/CTB/2019.

## Facts

M/s Raj Process Equipments and Systems Pvt. Ltd. initiated insolvency proceedings against M/s Welcome Distilleries Pvt. Ltd. under Section 9 of the Insolvency and Bankruptcy Code, 2016. The initial application, CP (IB) No. 3284/MB/2018, was filed before the NCLT Mumbai Bench. The NCLT admitted the application on 06.03.2019, leading M/s Welcome Distilleries to appeal to the NCLAT. The NCLAT, in Company Appeal (AT) (Insolvency) No. 316 of 2019, set aside the NCLT's order on 02.08.2019, directing the Adjudicating Authority to decide on the Resolution Professional's fees and costs. The case was transferred and renumbered as TP No. 101/CTB/2019. M/s Welcome Distilleries stated that the matter had been settled and that they had already paid Rs. 2,36,000/- to the Interim

…

## Issues and analysis

### Issue 1: Whether any further payment is due and payable to the Interim Resolution Professional, considering …

**Ratio:** When a matter has been settled between the parties and the Resolution Professional has

…

**Reasoning:** The court reasoned that since the matter was settled and the Resolution Professional did

…

**Interpretation:** The interpretation hinges on the principle that payment for services rendered

…

**Application:** In this specific case, the court applied the ratio by considering the fact that

…

## Parties

- **Judges:** Sucharit…; Satya Ranjan…
- **Appellants:** M/s Raj Process…
- **Respondents:** M/s Welcome…

## Timeline

- **2018-01-01 — Application…**: M/s Raj Process Equipments and Systems Pvt. Ltd. filed application CP (IB) No.…
- **2019-03-06 — Application A…**: Hon'ble NCLT admitted…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 9 — Application for initiation of corporate insolvency…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-9)

---

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/welcome-distilleries-pvt-ltd-tp-no-101-ctb-2019-arising-out-of-cp-ib-no-3284-mb-5a7e3744