# In the matter of JBF Petrochemicals Ltd.

> NCLT judgment dated 2023-10-06. Citation: TCN-2023-NCLT-01358. Technip Energies India Limited, an operational creditor, filed an application seeking…

- **Court:** NCLT
- **Order date:** 6 Oct 2023
- **Citation:** TCN-2023-NCLT-01358
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/jbf-petrochemicals-ltd-32308e52

## Summary

### Background

Technip Energies India Limited, an operational creditor, filed an application seeking directions from the NCLT regarding the admission of their operational claim, which was partially rejected by the Resolution Professional of JBF Petrochemicals Limited. The applicant sought appropriate directions from the Tribunal regarding the operational claim submitted and the admission of claims partially rejected by the respondent via email dated June 15, 2022. The applicant contends that the relevant facts and details regarding the debt incurred are already stated in the application filed vide Diary No. 2401105/00459/2023 - IA 368/2023. The tribunal notes that necessary orders have already been passed in the matter, and detailed replies have been filed by the respondents,

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## Facts

Technip Energies India Limited (formerly known as Technip India Limited) filed an application as an operational creditor. The application concerned the partial rejection of their operational claim by the Resolution Professional of JBF Petrochemicals Limited. The applicant sought directions from the NCLT regarding the admission of their claim. The applicant stated that the details of the debt incurred were already in the application filed vide Diary No. 2401105/00459/2023 - IA 368/2023. The tribunal noted that necessary orders had already been passed and that detailed replies had been filed by the respondents, including the Resolution Professional and the Successful Resolution Applicant. An approved Resolution Plan was in place, and the applicant had been sanctioned a

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## Issues and analysis

### Issue 1: Whether the NCLT should provide directions regarding the admission of the operational claim …

**Ratio:** The principle is that the NCLT should not intervene in matters where a resolution plan

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**Reasoning:** The tribunal reasoned that necessary orders had already been passed in the matter, and a

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**Interpretation:** This issue involves the interpretation of the powers and responsibilities of

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**Application:** In this case, the tribunal applied the principle by rejecting the application,

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## Parties

- **Judges:** Chitra Ha…; Velamur G Venkata…
- **Appellants:** Technip Energies…
- **Respondents:** JBF Petrochemicals…; Sundaresh…

## Timeline

- **2022-06-15 — Rejection o…**: The Respondent partially rejected the…
- **2023-01-01 — Filing of App…**: The Applicant filed an application vide…

## 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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