# In the matter of Shree Ambika Sugars Limited IA-1264-2020 in CP(IB)-1017-2019

> NCLT judgment dated 2022-06-27. Citation: TCN-2022-NCLT-04634. Jain Irrigation System Limited filed an application under Section 60(5) of the Insolvency and…

- **Court:** NCLT
- **Order date:** 27 Jun 2022
- **Citation:** TCN-2022-NCLT-04634
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chennai/shree-ambika-sugars-limited-ia-1264-2020-in-cpib-1017-2019-109fcf4c

## Summary

### Background

Jain Irrigation System Limited filed an application under Section 60(5) of the Insolvency and Bankruptcy Code, 2016, read with Rule 11 of the National Company Law Tribunal Rules, 2016, seeking a direction to the Respondent/Resolution Professional to accept the claim of the Applicant.

## Facts

The application was filed under Section 60(5) of the Insolvency and Bankruptcy Code, 2016.

The Corporate Debtor was admitted into Liquidation vide order dated 20.06.2022.

The applicant sought a direction to the Respondent/Resolution Professional to accept the claim of the Applicant.

The Adjudicating Authority directed the Applicant to take its claim afresh before the Liquidator of the Corporate Debtor.

The Liquidator of the Corporate Debtor is directed to consider the claim on merits.

## Issues and analysis

### Issue 1: Whether the Applicant's claim should be directed to be accepted by the Respondent/Resolution …

**Ratio:** The Corporate Debtor has been

…

**Reasoning:** The Adjudicating Authority is inclined to direct the Applicant to take its claim afresh

…

**Interpretation:** Section 38 of the Insolvency and Bankruptcy Code, 2016, governs the submission

…

**Application:** The Applicant is directed to take its claim afresh before the Liquidator of the

…

## Parties

- **Judges:** S. Ramath…; Anil Ku…
- **Appellants:** Jain Irrigation…
- **Respondents:** Shree Ambika…; Anurag…
- **Advocates:** Anant Mer…

## Timeline

- **2022-06-27 — Order Pron…**: Order pronounced on 27th June 2022 directing the applicant to take its claim afresh…
- **2022-06-20 — Liquidation…**: Corporate Debtor admitted into…

## 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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