# In the matter of CICIL Biochem Private Limited

> NCLT judgment dated 2023-10-19. Citation: TCN-2023-NCLT-01110. The Department of State Tax filed an application under Section 60(5) of the Insolvency and…

- **Court:** NCLT
- **Order date:** 19 Oct 2023
- **Citation:** TCN-2023-NCLT-01110
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/cicil-biochem-private-limited-6c866328

## Summary

### Background

The Department of State Tax filed an application under Section 60(5) of the Insolvency and Bankruptcy Code, 2016, seeking a direction to the Resolution Professional (RP) of CCIL Biochem Private Limited to register the applicant's claim and to stay the hearing and final disposal of the application for approval of the Resolution Plan. The Corporate Debtor was admitted into Corporate Insolvency Resolution Process (CIRP) on 01.10.2019. The applicant filed a claim on 08.11.2019 for Rs. 17,06,62,590 which was admitted by the Respondent. The applicant subsequently submitted another claim of Rs.4,77,23,885 and Rs.47,84,74,238. The RP rejected the second additional claim stating that RP does not have the authority to consider any claim after approval of the Resolution Plan by

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## Facts

The Department of State Tax filed an application seeking a direction to the Resolution Professional (RP) of CCIL Biochem Private Limited to register their claim. The Corporate Debtor was admitted into CIRP on 01.10.2019. The applicant initially filed a claim on 08.11.2019 for Rs. 17,06,62,590 which was admitted. Subsequently, the applicant submitted two additional claims: Rs.4,77,23,885 for the assessment period 2015-16 and Rs.47,84,74,238 for the assessment period 2016-17. The RP partially rejected the interest portion of the first additional claim and rejected the second additional claim, stating a lack of authority to consider claims after CoC approval of the Resolution Plan. The applicant argued that the claims are statutory dues reflected in the financial

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## Issues and analysis

### Issue 1: Whether the IRP/RP was correct in rejecting the interest portion of the claim accrued after the …

**Ratio:** Regulation 13(1) of the CIRP Regulations states that IRP/RP shall verify the claims as on

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**Reasoning:** The NCLT reasoned that Regulation 13(1) unambiguously states that claims should be

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**Interpretation:** This means that the IRP/RP is only required to consider the claim as it stands

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**Application:** The NCLT applied this principle to the applicant's claim, finding that the

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## Parties

- **Judges:** ANIL RAJ C…; Kuldip Kumar…
- **Appellants:** Department of…
- **Respondents:** CCIL Biochem…; Cicil Biochem…

## Timeline

- **2019-10-01 — Admission in…**: Corporate Debtor admitted into Corporate…
- **2019-10-07 — Public Annou…**: Public announcement/advertise…

## 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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