# In the matter of Sensetive Infra Private Limited IA(IBC) No. 490-KB-2021 in CP (IB) No. 1304-KB-2019

> NCLT judgment dated 2022-06-15. Citation: TCN-2022-NCLT-02228. The case pertains to an application filed under section 60(5) of the Insolvency and Bankruptcy…

- **Court:** NCLT
- **Order date:** 15 Jun 2022
- **Citation:** TCN-2022-NCLT-02228
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/sensetive-infra-private-limited-iaibc-no-490-kb-2021-in-cp-ib-no-1304-kb-2019-1ad71d09

## Summary

### Background

The case pertains to an application filed under section 60(5) of the Insolvency and Bankruptcy Code, 2016, read with Regulation 33 of the IBBI (Insolvency Resolution Process For Corporate Persons) Regulations, 2016. The Interim Resolution Professional (IRP) filed the application against the respondent/operational creditor, Kamar Infrastructure Pvt. Ltd., seeking directions for compliance with an order dated 18/02/2020, which required the respondent to deposit Rs.50,000/- as advance fees. The initial order was passed in CP(IB)/1304(KB)2019.

## Facts

Sensetive Infra Private Limited was undergoing Corporate Insolvency Resolution Process (CIRP). Kamar Infrastructure Private Limited was the operational creditor. An order was passed on 18/02/2020 in CP(IB)/1304(KB)2019, directing Kamar Infrastructure Pvt. Ltd. to deposit Rs.50,000/- as advance fees to the Interim Resolution Professional (IRP), Nitesh Kumar More. Despite several emails, Kamar Infrastructure Pvt. Ltd. did not deposit the amount. The IRP then filed IA No.490/KB/2021 seeking directions for compliance. After the IA was filed, Kamar Infrastructure Pvt. Ltd. deposited the Rs.50,000/-. A public announcement was made on 25/02/2020. The Adjudicating Authority granted an exclusion of 373 days from the CIRP period, which ended on 23/08/2021. The IRP claimed total

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## Issues and analysis

### Issue 1: Whether the respondent/operational creditor, Kamar Infrastructure Pvt. Ltd., should be directed to …

**Ratio:** Section 60(5) of the Insolvency and Bankruptcy Code, 2016, provides the NCLT with the

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**Reasoning:** The court noted that the respondent/operational creditor had eventually deposited the

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**Interpretation:** Section 60(5) grants the NCLT broad powers to address issues arising during the

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**Application:** Since the respondent/operational creditor had already deposited the

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## Parties

- **Judges:** RohitKa…; Harish Chander…
- **Appellants:** Nitesh Kuma…
- **Respondents:** Sensetive Infra…; Kamar Infrastructu…

## Timeline

- **2020-02-18 — Initial…**: Order passed in CP(IB)/1304(KB)2019 directing Kamar Infrastructure Pvt. Ltd. to deposit…
- **2020-02-24 — Public Annou…**: Public announcement made in…

## 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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