# In the matter of International Mega Food Park Limited CA Nos. 889 & 1122-2019 In CP (IB) No. 174-Chd-CHD-2018

> NCLT judgment dated 2022-12-22. Citation: TCN-2022-NCLT-00056. The case involves two applications, CA Nos. 889/2019 and 1122/2019, filed under Section 60(5)…

- **Court:** NCLT
- **Order date:** 22 Dec 2022
- **Citation:** TCN-2022-NCLT-00056
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/international-mega-food-park-limited-ca-nos-889-1122-2019-in-cp-ib-no-174-chd-ch-93096641

## Summary

### Background

The case involves two applications, CA Nos. 889/2019 and 1122/2019, filed under Section 60(5) of the Insolvency and Bankruptcy Code, 2016. The first application, filed by M/s S.P. Constructions against Mr. Sumat Kumar Gupta (Resolution Professional of International Mega Food Park Limited), seeks direction to admit the applicant's claim of Rs. 67,32,542/- as an operational creditor. The second application, filed by M/s Industrial Conbuild Co. Private Limited against Mr. Sumat Kumar Gupta, seeks direction to admit the applicant's claim of Rs. 26,700,081/-. Both applications contest the Resolution Professional's rejection of their claims, alleging discrepancies in the corporate debtor's books of accounts and questioning the RP's conduct. The CIRP against International

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## Facts

M/s S.P. Constructions filed CA No. 889/2019 seeking admission of a claim of Rs. 67,32,542/- against International Mega Food Park Limited (IMFPL), where Sumat Kumar Gupta is the Resolution Professional (RP). The claim is based on a settlement note dated 10.05.2018. The RP requested additional information, which the applicant initially failed to provide due to a partner's medical issues. The RP later rejected the claim, alleging that IMFPL's books did not reflect the applicant's dues and that the settlement note was manufactured. The RP also claimed that the applicant was recoverable for Rs. 59,06,517/-. M/s Industrial Conbuild Co. Private Limited filed CA No. 1122/2019 seeking admission of a claim of Rs. 26,700,081/- against IMFPL. The RP unilaterally reduced the claim

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## Issues and analysis

### Issue 1: Whether the Adjudicating Authority can direct the Resolution Professional to admit the claims of …

**Ratio:** The Adjudicating Authority's power to direct the Resolution Professional (RP) is limited

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**Reasoning:** The court reasoned that it is not equipped to examine the veracity of claims and

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**Interpretation:** This interpretation emphasizes the RP's role as the primary decision-maker in

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**Application:** In this case, the court found that there were numerous conflicting claims and

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## Parties

- **Judges:** Harnam Singh…; SUBRATA KUM…
- **Appellants:** M/s S.P. Construct…
- **Respondents:** M/s International…; Sumat Kumar…

## Timeline

- **2018-05-10 — Settlemen…**: Settlement note dated 10.05.2018 entered into…
- **2019-02-28 — CIRP Admi…**: CIRP against corporate debtor was…

## 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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