# In the matter of Gopal Krishna Raju (Anandram Developers Pvt. Ltd. MA-144-2019 in CP-603-2018

> NCLT judgment dated 18 Jun 2019. Citation: TCN-2019-NCLT-02848. The case involves an application (MA/144/2019) in relation to a corporate insolvency…

- **Court:** NCLT
- **Order date:** 18 Jun 2019
- **Citation:** TCN-2019-NCLT-02848
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-kolkata/gopal-krishna-raju-anandram-developers-pvt-ltd-ma-144-2019-in-cp-603-2018-755bd820

## Summary

### Background

The case involves an application (MA/144/2019) in relation to a corporate insolvency resolution process (CP/603/IB/2018). The order dated 28.05.2019 directed the Resolution Professional to decide on the remaining claim of the Applicant. The Resolution Professional submitted that a review petition is pending before the Debt Recovery Tribunal against the original order passed by the Debt Recovery Tribunal.

## Facts

Asset Reconstruction Company (India) Ltd filed an application MA/144/2019 in CP/603/2018. The court had previously directed the Resolution Professional to decide on the remaining claim of the applicant via an order dated 2019-05-28. The Resolution Professional submitted that a review petition is pending before the Debt Recovery Tribunal against the original order passed by the Debt Recovery Tribunal. The arguments were concluded and both sides were given liberty to file written submissions on or before 2019-03-11. The Recovery Certificate issued by the Debt Recovery Tribunal is relevant to the claim. The outcome of the review petition pending before the Debt Recovery Tribunal will affect the claim.

## Issues and analysis

### Issue 1: Whether the Resolution Professional should collate the claim of the Applicant based on the Recovery …

**Ratio:** The Resolution Professional is directed to collate the claim of the Applicant as per the

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**Reasoning:** The court reasoned that the claim collation should be subject to the outcome of the

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**Interpretation:** The court interpreted the situation as requiring the Resolution Professional to

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

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## Parties

- **Judges:** CH. MOHD SHARIEF…
- **Appellants:** Asset Reconstructi…
- **Respondents:** Gopal Krishna…

## Timeline

- **2019-05-28 — Previous…**: A direction was given to the Resolution Professional to take a decision in relation to…
- **2019-03-11 — Written Submissions…**: Both sides were given liberty to file the written submissions on or before 11.03.2019…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 60 — Adjudicating Authority for corporate persons](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-60)

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