# In the matter of Haryana Telecom Limited IA No.468-2022 In CP (IB) No.515-Chd-Chd-2019

> NCLT judgment dated 2022-10-18. Citation: TCN-2022-NCLT-00695. The application IA No. 468/2022 was filed by the Resolution Professional seeking directions to…

- **Court:** NCLT
- **Order date:** 18 Oct 2022
- **Citation:** TCN-2022-NCLT-00695
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/haryana-telecom-limited-ia-no468-2022-in-cp-ib-no515-chd-chd-2019-626de851

## Summary

### Background

The application IA No. 468/2022 was filed by the Resolution Professional seeking directions to the respondent, Haryana Telecom Limited, to defray the Corporate Insolvency Resolution Process (CIRP) expenses amounting to Rs. 54,70,342/-, which were already approved according to Section 5(13) of the Insolvency and Bankruptcy Code, 2016. The Adjudicating Authority had admitted CP(IB) No. 515/Chd/Chd/2019 on 07.02.2020, filed under Section 7 of the Insolvency and Bankruptcy Code, 2016, by the financial creditor, Parivartan Investment and Finance Company, against the corporate debtor, Haryana Telecom Limited. Sanyam Goel was appointed as Interim Resolution Professional and later confirmed as Resolution Professional by the Committee of Creditors (CoC). The CoC comprised one

…

## Facts

The case involves a dispute over the payment of Corporate Insolvency Resolution Process (CIRP) expenses. Parivartan Investment and Finance Company initiated insolvency proceedings against Haryana Telecom Limited, leading to the appointment of Sanyam Goel as the Resolution Professional. The Resolution Professional filed an application (IA No. 468/2022) seeking directions for Haryana Telecom Limited to pay CIRP expenses amounting to Rs. 54,70,342/-. Haryana Telecom Limited, the respondent, argued that it had already paid Rs. 25,00,000/- towards CIRP costs and that the Resolution Professional was trying to burden them with an excessive amount. The Committee of Creditors (CoC) had approved a resolution plan, and the approval of the plan was pending before the Adjudicating

…

## Issues and analysis

### Issue 1: Whether the respondent should be directed to defray the CIRP expenses as claimed by the Resolution …

**Ratio:** The CoC has the authority to determine and approve CIRP costs, and its decisions are

…

**Reasoning:** The court relied on previous judgments, including State Bank of India Vs. SKC Retails Ltd

…

**Interpretation:** The interpretation is that the CoC's decision regarding CIRP costs is final and

…

**Application:** In this case, the court directed the respondent to pay the CIRP expenses as

…

## Parties

- **Judges:** Harnam Singh…; SUBRATA KUM…
- **Appellants:** Parivartan…
- **Respondents:** Haryana Telecom…

## Timeline

- **2019-01-01 — CP (IB) No.515/Chd/Chd/2…**: Corporate Insolvency…
- **2020-02-07 — Admission of CP(IB) No.…**: Adjudicating Authority admitted the CP(IB) No. 515/Chd/Chd/2019 filed under Section 7 of…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 60 — Adjudicating Authority for corporate persons](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-60)

---

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-division-bench-court-i-chenn/haryana-telecom-limited-ia-no468-2022-in-cp-ib-no515-chd-chd-2019-626de851