# In the matter of Reliance Communications Ltd.

> NCLT judgment dated 2023-10-26. Citation: TCN-2023-NCLT-01015. The case involves an application (IA 1138/2020) filed by The Best Towers Private Limited…

- **Court:** NCLT
- **Order date:** 26 Oct 2023
- **Citation:** TCN-2023-NCLT-01015
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/reliance-communications-ltd-641badbc

## Summary

### Background

The case involves an application (IA 1138/2020) filed by The Best Towers Private Limited against Reliance Communications Limited (Corporate Debtor) under Section 60(5) of the Insolvency and Bankruptcy Code, 2016. The applicant sought direction to the Resolution Professional for admission of a supplementary claim, direction for priority payment, and provision of a copy of the Resolution Plan in the Corporate Insolvency Resolution Process (CIRP). The Corporate Debtor was admitted into CIRP on 2018-05-15. The applicant filed a claim in Form B on 2019-05-18 for Rs. 103,20,44,352/-, based on a Common Award passed by the Micro, Small and Medium Enterprises Facilitation Council, Patna. The applicant realized an error in the claim form and computed an additional claim, which

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## Facts

The Best Towers Private Limited filed an application (IA 1138/2020) against Reliance Communications Limited (Corporate Debtor) under Section 60(5) of the Insolvency and Bankruptcy Code, 2016. The Corporate Debtor was admitted into the CIRP process on 2018-05-15. The applicant filed a claim in Form B on 2019-05-18 for Rs. 103,20,44,352/-, based on a Common Award passed by the Micro, Small and Medium Enterprises Facilitation Council, Patna on 2018-02-06. The decree attained finality, upheld by the Division Bench of Patna High Court on 2019-10-16. The applicant realized on 2020-03-17 that the claim form contained a claim for the period up to 2018-05-15 instead of 2019-05-07. The applicant computed an additional claim and filed it with the RP, who refused to admit it on

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## Issues and analysis

### Issue 1: Whether the applicant's claim for revision can be accepted after the resolution plan has been …

**Ratio:** The Supreme Court's decision in M/s. RPS Infrastructure Ltd vs. Mukul Kumar CIVIL APPEAL

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**Reasoning:** The tribunal reasoned that allowing revisions after the CoC's approval would result in

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**Interpretation:** This interpretation emphasizes the importance of adhering to the timelines and

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**Application:** Since the resolution plan was approved by the CoC on 2020-03-02, the tribunal

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## Parties

- **Judges:** Prabhat…; V.G. B…
- **Appellants:** The Best Towers…
- **Respondents:** Reliance Communica…

## Timeline

- **2017-01-01 — C.P.(IB) No. 1387/MB/201…**: In the matter of…
- **2018-02-06 — Common A…**: Common Award passed by the Micro, Small and Medium Enterprises Facilitation Council,…

## 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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