# In the matter of Srikanth International Private Ltd.

> NCLT judgment dated 2023-12-14. Citation: TCN-2023-NCLT-00252. The case involves an application (IA (IBC)/789/2023) filed by a creditor, Pattabi Enterprises,…

- **Court:** NCLT
- **Order date:** 14 Dec 2023
- **Citation:** TCN-2023-NCLT-00252
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/srikanth-international-private-ltd-818683f6

## Summary

### Background

The case involves an application (IA (IBC)/789/2023) filed by a creditor, Pattabi Enterprises, against the Corporate Debtor (Srikanth International Pvt Ltd) in the context of ongoing Corporate Insolvency Resolution Process (CIRP). The creditor asserted a claim of Rs 6,74,01,849 owed by the Corporate Debtor. The CIRP commenced on 2022-06-30.

## Facts

Pattabi Enterprises, a creditor, filed an application (IA (IBC)/789/2023) asserting a claim of Rs 6,74,01,849 against Srikanth International Pvt Ltd, the Corporate Debtor. The Corporate Debtor entered Corporate Insolvency Resolution Process (CIRP) on 2022-06-30. Pattabi Enterprises submitted a letter dated 2021-06-23, purportedly written by the Corporate Debtor, but addressed to State Bank of India, without proof of receipt. Pattabi Enterprises also submitted 158 'RAW MATERIAL CHALLAN/INVOICE' documents for prawns received between 2018-07-11 and 2019-08-12, totaling over Rs 17 crores, lacking essential details like delivery vehicle information. The claim was filed on 2023-03-29, more than 180 days after the 90-day period from the CIRP commencement date of 2022-06-30,

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## Issues and analysis

### Issue 1: Whether the Resolution Professional was correct in rejecting the claim made by the Applicant due to …

**Ratio:** Claims submitted after the stipulated period in the CIRP can be rejected, especially when

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**Reasoning:** The court noted that the CIRP commenced on 2022-06-30, and the claim should have been

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**Interpretation:** The Insolvency and Bankruptcy Code (IBC) mandates a timeline for submitting

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**Application:** The applicant's claim was filed significantly after the stipulated period,

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## Parties

- **Judges:** Rajeev Bh…; Sanjay…
- **Appellants:** Pattabi Enterprise…
- **Respondents:** Srikanth Internati…

## Timeline

- **2021-06-23 — Letter D…**: Date of the letter purportedly…
- **2022-06-30 — CIRP Commen…**: Corporate Insolvency Resolution Process (CIRP) commenced for Srikanth International Pvt…

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