# In the matter of Yash Smelter Privat Limited

> NCLT judgment dated 2023-10-20. Citation: TCN-2023-NCLT-01075. The case involves applications under Section 54, Section 33(5), 35(1) & 60(5) of the Insolvency…

- **Court:** NCLT
- **Order date:** 20 Oct 2023
- **Citation:** TCN-2023-NCLT-01075
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/yash-smelter-privat-limited-09cb3fd8

## Summary

### Background

The case involves applications under Section 54, Section 33(5), 35(1) & 60(5) of the Insolvency and Bankruptcy Code, 2016, read with relevant regulations, concerning the liquidation process of Yash Smelter Private Limited. The liquidator sought dissolution of the Corporate Debtor and directions regarding pending applications against sundry debtors. Several IAs (IBC) were filed, including IA 1473/KB/2023, IA 1012/KB/2021, IA 1020/KB/2021, and IA 1026/KB/2021. The applications primarily concern claims against various respondents for amounts due to the Corporate Debtor.

## Facts

Yash Smelter Private Limited is undergoing liquidation. The liquidator, Shashi Agarwal, filed several applications (IAs) to recover dues from various parties, including Agarwal Alloys, Soil & Enviro Industries Pvt. Ltd., Aashi Infrastructure Pvt. Ltd., and MaaJeen Steel Traders. These parties are considered sundry debtors. The liquidator claimed amounts due from these debtors, citing outstanding invoices and communications. The debtors contested the claims, alleging that the materials supplied by Yash Smelter were of inferior quality and were either returned or adjusted against dues. MaaJeen Steel Traders claimed that the materials supplied were of inferior grade and informed the Corporate Debtor, who assured replacement. Soil & Enviro Industries Pvt. Ltd.

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## Issues and analysis

### Issue 1: Whether the claims of the liquidator against the sundry debtors should be admitted and orders …

**Ratio:** The adjudication of disputes requires supporting documents. In the absence of such

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**Reasoning:** The court found that there was a lack of conclusive evidence to support the liquidator's

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**Interpretation:** The principle is that claims must be substantiated with sufficient evidence to

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**Application:** In this case, the court determined that the absence of supporting documents

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## Parties

- **Judges:** BIDISHA BA…; ARVIND DEVA…
- **Appellants:** Shashi Ag…
- **Respondents:** Yash Smelter…; Gaurav B…

## Timeline

- **2018-05-21 — Invoices…**: Corporate Debtor issued invoices from…
- **2018-06-05 — Complaint of Inferior…**: MaaJeen Steel Traders informed the Corporate Debtor that the materials supplied were of…

## 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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