# In the matter of MBL Infrastructure Limited

> NCLT judgment dated 2024-05-17. Citation: TCN-2024-NCLT-01306. The case involves an application filed by Mr. Anjanee Kumer Lakhotia, the Successful Resolution…

- **Court:** NCLT
- **Order date:** 17 May 2024
- **Citation:** TCN-2024-NCLT-01306
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/mbl-infrastructure-limited-a8e3f87f

## Summary

### Background

The case involves an application filed by Mr. Anjanee Kumer Lakhotia, the Successful Resolution Applicant (SRA) of MBL Infrastructure Limited, against Employees State Insurance Corporation (ESIC) Bhopal. MBL Infrastructure Limited was put into Corporate Insolvency Resolution Process (CIRP) on 30.03.2017. The applicant sought injunctions against the respondent from acting in contravention of the Resolution Plan, making claims for the pre-CIRP period, demanding payment of dues prior to 01.01.2024, and claiming any interest or penalties for demands pertaining to the period up to the approval of the Resolution Plan. The ESIC had issued a notice of demand and notice to prosecute for recovery of disputed amount.

## Facts

MBL Infrastructure Limited (Corporate Debtor) entered Corporate Insolvency Resolution Process (CIRP) on 2017-03-30. The respondent, Employees State Insurance Corporation (ESIC) Bhopal, did not file a claim form with the resolution professional for the period July 2015 to March 2016. The resolution plan of MBL Infrastructure Limited was approved on 2018-04-18. The applicant became the Successful Resolution Applicant (SRA). The corporate debtor filed an appeal against the respondent's demand under the ESI Act on 2017-11-24. The ESIC Court Bhopal directed the corporate debtor to deposit 50% of the amount in dispute under Section 75 of ESI Act between 2022-09-23 and 2022-10-28. The ESIC Court dismissed the appeal filed by the corporate debtor in 2017 for not depositing 50%

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## Issues and analysis

### Issue 1: Whether the respondent can make claims or demands for the period prior to initiation of CIRP …

**Ratio:** Claims not filed prior to the approval of the resolution plan cannot be entertained. This

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**Reasoning:** The court reasoned that allowing claims after the approval of the resolution plan would

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**Interpretation:** The interpretation of the law is that once a resolution plan is approved, it

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**Application:** In this case, the respondent, ESIC Bhopal, did not file its claim within the

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## Parties

- **Judges:** BIDISHA BA…; D. Ar…
- **Appellants:** Anjanee Kumer…
- **Respondents:** MBL Infrastructure…; Employees State…

## Timeline

- **2017-03-30 — CIRP Init…**: MBL Infrastructure Limited was put into…
- **2017-11-24 — Appeal F…**: The corporate debtor filed an appeal against…

## 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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