# Chhattisgarh State Power Distribution Co. Limited vs. Mr. Sumit Binani, Resolution Professional of KSK Mahanadi Power Company Limited

> NCLT judgment dated 2026-07-06. Citation: TCN-2026-NCLT-00699. Chhattisgarh State Power Distribution Co. Limited (Applicant), an operational creditor, filed…

- **Court:** NCLT
- **Order date:** 6 Jul 2026
- **Citation:** TCN-2026-NCLT-00699
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-hyderabad/chhattisgarh-state-power-distribution-co-limited-vs-mr-sumit-binani-resolution-p-9c37n

## Summary

### Background

Chhattisgarh State Power Distribution Co. Limited (Applicant), an operational creditor, filed an Interlocutory Application (IA) seeking the admission of an additional claim amount of Rs. 47,59,85,419/- against KSK Mahanadi Power Company Limited (Corporate Debtor) and the modification of the Resolution Plan, which had already been approved by the Tribunal on 13.02.2025. The Applicant's claim stemmed from liquidated damages and penalties for short supply of power under a Power Purchase Agreement. The Resolution Professional, Mr. Sumit Binani, had partially admitted the Applicant's claim, leading to the dispute.

## Facts

The Corporate Insolvency Resolution Process (CIRP) of KSK Mahanadi Power Company Limited (KMPCL) was initiated on 03.10.2019, based on a petition filed by Power Finance Corporation Limited under Section 7 of the IBC.

Mr. Sumit Binani was appointed as the Resolution Professional (RP) on 16.06.2020.

A public announcement inviting claims was made on 06.10.2019, with 17.10.2019 as the last date for submission of claims.

Chhattisgarh State Power Distribution Co. Limited (Applicant) is a governmental authority and an operational creditor of KMPCL.

The Applicant had a Power Purchase Agreement (PPA) dated 18.10.2013 and a supplementary agreement dated 15.06.2015 with KMPCL for power supply.

…

## Issues and analysis

### Issue 1: Whether the additional claim amount of Rs. 47,59,85,419/- of the Applicant against the Corporate …

**Ratio:** Once a resolution plan is duly approved by the Adjudicating Authority under sub-section

…

**Reasoning:** The Resolution Plan for KMPCL was approved by the Tribunal on 13.02.2025. The Applicant's

…

**Interpretation:** Section 31(1) of the IBC mandates that an approved resolution plan is binding

…

**Application:** The Applicant's prayer for admission of additional claims is rejected because

…

## Parties

- **Judges:** SHRI. RAJEEV…; SHRI. SANJA…
- **Appellants:** Chhattisgarh…; Power Finance…
- **Respondents:** KSK Mahanadi…; Sumit Binani,…
- **Other parties:** Committee of…; Sumit B…
- **Advocates:** Pranav Khan…; Allwin G…

## Timeline

- **2013-10-18 — Power Purchase…**: Corporate Debtor (KMPCL) and erstwhile Chhattisgarh State Power Trading Company Ltd. (now…
- **2015-06-15 — Supplementary…**: A supplementary agreement…

## 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-hyderabad/chhattisgarh-state-power-distribution-co-limited-vs-mr-sumit-binani-resolution-p-9c37n