# In the matter of Sainth Estates Private Limited IA (IBC)-449-2022 in CP (IB) No. 651-7-HDB-2018

> NCLT judgment dated 2022-07-08. Citation: TCN-2022-NCLT-01806. The application IA (IBC)/449/2022 was filed in CP (IB) No.651/7/HDB/2018 under Section 60(5) of…

- **Court:** NCLT
- **Order date:** 8 Jul 2022
- **Citation:** TCN-2022-NCLT-01806
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/sainth-estates-private-limited-ia-ibc-449-2022-in-cp-ib-no-651-7-hdb-2018-0aadc65b

## Summary

### Background

The application IA (IBC)/449/2022 was filed in CP (IB) No.651/7/HDB/2018 under Section 60(5) of the Insolvency and Bankruptcy Code, 2016, read with Rule 8, 11 & 32 of NCLT Rules, 2016. The applicant, M/s. Sarwottam Ispat Limited, sought a direction from the Tribunal to Respondent No.1, K. Premsagar Rao, to release/pay Rs.55,00,000 as approved in the Resolution Plan on top priority. The applicant claimed that Rs.2,55,78,001 was filed before IRP/Respondent No.2, M/s. Sainath Estates Pvt Ltd, and the IRP admitted Rs.1,89,93,981 without prejudice. As per the Resolution plan submitted by Mr. K. Premsagar Rao, after haircut, the COC allocated Rs.55,00,000 to the Applicant, to be paid within one month from the date of approval of the Resolution plan, which is pending.

## Facts

M/s. Sarwottam Ispat Limited (Applicant) filed an application seeking the release of Rs.55,00,000 from K. Premsagar Rao (Respondent No.1), as per the approved Resolution Plan. The Applicant had filed a claim of Rs.2,55,78,001, of which Rs.1,89,93,981 was admitted by the IRP/Respondent No.2, M/s. Sainath Estates Pvt Ltd. The Resolution Plan allocated Rs.55,00,000 to the Applicant, to be paid within one month of the plan's approval. The payment was pending, and the Applicant argued that the delay was causing irreparable loss. The Tribunal had ordered liquidation in IA no.71/2022. The relevance of the liquidation order is that it supersedes the resolution plan, requiring the applicant to file claims with the liquidator.

## Issues and analysis

### Issue 1: Whether the Tribunal should direct Respondent No.1 to release Rs.55,00,000 to the Applicant as per …

**Ratio:** The Tribunal's power to enforce a resolution plan is limited when a liquidation order has

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**Reasoning:** The Tribunal noted that a liquidation order had already been passed in IA no.71/2022.

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**Interpretation:** The issuance of a liquidation order signifies the failure of the resolution

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**Application:** Given the liquidation order, the Tribunal determined that directing the release

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## Parties

- **Judges:** N. Venkata…; Veera Brahma Rao…
- **Appellants:** M/s.Sarwottam…
- **Respondents:** M/s Sainath…; K. Premsag…

## Timeline

- **2018-01-01 — CP (IB) No.651/7/HDB/201…**: The Corporate Insolvency…
- **2022-01-01 — IA No.71…**: Liquidation order 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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