# In the matter of Unijules Life Science Limited

> NCLT judgment dated 2023-11-22. Citation: TCN-2023-NCLT-00641. This case involves an application (IA 1124/2022) filed by Amit Poddar, the Resolution…

- **Court:** NCLT
- **Order date:** 22 Nov 2023
- **Citation:** TCN-2023-NCLT-00641
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/unijules-life-science-limited-9ac20fcb

## Summary

### Background

This case involves an application (IA 1124/2022) filed by Amit Poddar, the Resolution Professional of Unijules Life Sciences Limited (Corporate Debtor), seeking a direction to M/s Mann Impex (Respondent) to refund Rs. 7,01,985 to the Corporate Debtor. The Corporate Debtor was undergoing Corporate Insolvency Resolution Process (CIRP). CIRP commenced on 08.03.2019 following the admission of C.P. (IB) 3080/2018 under Section 7 of the Insolvency & Bankruptcy Code, 2016. The applicant was appointed as Resolution Professional on 08.04.2019. The Corporate Debtor continued as a going concern during CIRP, and a resolution plan was approved by the Committee of Creditors. The Corporate Debtor's purchase department requested a quotation for 100 ml Saline DIN clear Glass Vials

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## Facts

The Corporate Debtor, Unijules Life Sciences Limited, was undergoing CIRP. The Resolution Professional, Amit Poddar, filed an application seeking a refund of Rs. 7,01,985 from M/s Mann Impex. The Corporate Debtor's purchase department requested a quotation for glass vials from M/s Mann Impex. M/s Mann Impex provided a quotation requiring 100% advance payment. The Corporate Debtor paid Rs. 7,01,985 as advance payment on 13.01.2022. M/s Mann Impex failed to supply the goods. M/s Mann Impex contended that the advance payment was adjusted against old outstanding dues of M/s A R Pharma Packagings Pvt Ltd, an associate concern. The Resolution Professional argued that adjusting the advance payment against old dues was a violation of the Insolvency and Bankruptcy Code.

## Issues and analysis

### Issue 1: Whether the Tribunal can direct the Respondent to refund the advance payment made by the Corporate …

**Ratio:** The Insolvency and Bankruptcy Code requires creditors to file claims for their dues in

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**Reasoning:** The court reasoned that the Respondent's action of adjusting the advance payment against

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**Interpretation:** The Code mandates a structured process for dealing with claims against a

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**Application:** The court applied the ratio to the facts of the case, finding that the

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## Parties

- **Judges:** Prabhat…; V.G. B…
- **Appellants:** Amit C P…
- **Respondents:** Unijules Life…; M/s Mann…
- **Advocates:** Krishan…; Ram Upa…

## Timeline

- **2018-01-01 — C.P.(IB) No. 3080/MB/201…**: Matter related to…
- **2019-03-08 — CIRP Commen…**: CIRP commenced on 08.03.2019 in the matter of Corporate Debtor upon admission of C.P.…

## 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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