# In the matter of Zillion Infraprojects Pvt. Ltd. I.A. 1025-2022 in Company Petition No. (IB) – 694-(PB)-2018

> NCLT judgment dated 2023-05-24. Citation: TCN-2023-NCLT-03205. The case involves an application filed under Section 60(5) of the Insolvency and Bankruptcy…

- **Court:** NCLT
- **Order date:** 24 May 2023
- **Citation:** TCN-2023-NCLT-03205
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/zillion-infraprojects-pvt-ltd-ia-1025-2022-in-company-petition-no-ib-694-pb-2018-94d0afcc

## Summary

### Background

The case involves an application filed under Section 60(5) of the Insolvency and Bankruptcy Code, 2016, read with Rule 11 of the National Company Law Tribunal Rules, 2016. The applicant, M/S Saitran Engineers Pvt. Ltd., is contesting the rejection of their claim by the Resolution Professional in the CIRP of the Corporate Debtor, M/S Zillion Infraprojects Pvt. Ltd. The applicant seeks the tribunal's direction to the Resolution Professional to consider their claim of Rs. 4,79,880/- in the CIRP and to send the resolution plan back to the Committee of Creditors (CoC) for modification to provide for payment of the entire claim.

## Facts

In 2016, M/S Zillion Infraprojects Pvt. Ltd. (Corporate Debtor) approached M/S Saitran Engineers Pvt. Ltd. (Applicant) for the supply of material. The Applicant supplied material worth Rs. 9,70,404.50/-. The Corporate Debtor paid Rs. 4,90,524.50/-, leaving a balance of Rs. 4,79,880/- outstanding. The Applicant approached the Micro and Small Enterprise Facilitation Council, Nagpur, for recovery. The Corporate Debtor initiated insolvency proceedings under IBC, 2016, before the NCLT, Delhi Bench, on 05.02.2019. The Applicant filed Form-B as proof of claim with the IRP/Respondent on 18.02.2019, but the claim was not approved because the matter was already in litigation. The IRP/Respondent did not respond to emails or update the claim status. The Respondent made a public

…

## Issues and analysis

### Issue 1: Whether the Resolution Professional was justified in rejecting the claim of the Applicant, M/S …

**Ratio:** The ratio is based on the principle that all claims must be submitted to and decided by

…

**Reasoning:** The court reasoned that allowing undecided claims after the resolution plan is accepted

…

**Interpretation:** The interpretation is that the IBC aims for a time-bound resolution of the

…

**Application:** The ratio and reasoning were applied to the facts of the case, where the

…

## Parties

- **Judges:** SHRI. BACHU…; RAHUL BHA…
- **Appellants:** M/S. L & T…
- **Respondents:** M/S ZILLION…
- **Advocates:** Manu L…

## Timeline

- **2016-01-01 — Supply of M…**: The Corporate Debtor approached the…
- **2019-02-05 — Insolvency Proceedings…**: Insolvency proceedings initiated under…

## 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)

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/zillion-infraprojects-pvt-ltd-ia-1025-2022-in-company-petition-no-ib-694-pb-2018-94d0afcc