# In the matter of Empee Distilleries Limited IA-IB-920-2020 in CP-280-IB-2018

> NCLT judgment dated 2022-06-10. Citation: TCN-2022-NCLT-04663. The application was filed under section 60(5) of the Insolvency and Bankruptcy Code, 2016, read…

- **Court:** NCLT
- **Order date:** 10 Jun 2022
- **Citation:** TCN-2022-NCLT-04663
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chennai/empee-distilleries-limited-ia-ib-920-2020-in-cp-280-ib-2018-96a6826a

## Summary

### Background

The application was filed under section 60(5) of the Insolvency and Bankruptcy Code, 2016, read with Rule 11 of the National Company Law Tribunal Rules, 2016, seeking payment of Rs.62,31,242/- from the contingency fund by the respondents.

## Facts

The applicant, S. Gopi, is an operational creditor of M/s. Empee Distilleries Limited.

The Corporate Insolvency Resolution Process (CIRP) was initiated on 13.12.2018.

Form G was issued by the RP on 15.01.2019.

The applicant submitted a claim in Form B on 10.06.2019 for Rs.62,31,242/-.

The Resolution Plan was approved on 20.01.2020.

The application was filed on 05.08.2020.

A contingency fund of Rs.7 Crore was kept in the Resolution Plan for 6 months.

The contingency fund period expired on 20.07.2020.

The RP requested supporting documents for the claim, but the applicant failed to furnish them.

## Issues and analysis

### Issue 1: Whether claims not part of the approved resolution plan can be entertained after the plan's …

**Ratio:** Once a resolution plan is duly approved by the Adjudicating Authority under subsection

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**Reasoning:** The legislative intent behind making the resolution plan binding on all stakeholders is

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**Interpretation:** Section 31 of the I&B Code, as amended in 2019, is clarificatory and

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**Application:** The dues, including the statutory dues owed to the Central Government, any

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## Parties

- **Judges:** S. Ramath…; Anil Ku…
- **Appellants:** S. G…
- **Respondents:** M/s. Empee…; SNJ Distilleries…; +1 more
- **Advocates:** Tushita…; Avinash Krishnan…; +1 more

## Timeline

- **2018-12-13 — CIRP Init…**: Corporate Insolvency Resolution…
- **2019-01-15 — Form G I…**: Form G was issued by…

## 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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