# In the matter of Jhabua Power Limited IA I.B.C) 126-KB-2021 in C. P. (IB) 634-KB-2017

> NCLT judgment dated 2022-07-06. Citation: TCN-2022-NCLT-04608. The applicant, Kanta Mishra, filed an application under Section 60(5) of the Insolvency and…

- **Court:** NCLT
- **Order date:** 6 Jul 2022
- **Citation:** TCN-2022-NCLT-04608
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-kolkata/jhabua-power-limited-ia-ibc-126-kb-2021-in-c-p-ib-634-kb-2017-1ad1f19f

## Summary

### Background

The applicant, Kanta Mishra, filed an application under Section 60(5) of the Insolvency and Bankruptcy Code, 2016, seeking a direction from the Tribunal to the Resolution Professional to accept the remaining claim of Rs. 2,14,24,617/- along with interest @ 11.5% up to the date of actual realization.

## Facts

The applicant, Kanta Mishra, claimed Rs. 2,14,24,617/- along with interest from the Corporate Debtor.

The Corporate Debtor awarded three works to the applicant in 2012.

The applicant claimed that the Corporate Debtor failed to clear the dues despite satisfactory completion of the work.

The Resolution Professional accepted a portion of the applicant's claim (Rs. 29,23,208/-) and rejected the rest.

The Resolution Professional requested additional information from the applicant to review the claims.

The applicant allegedly did not furnish the necessary supporting documents.

The Resolution Professional stated that the claims were partially admitted or not admitted based on the working/calculations and verification of records.

…

## Issues and analysis

### Issue 1: Whether the Resolution Professional was justified in rejecting the applicant's claim due to the …

**Ratio:** The Resolution Professional is right in saying it was not possible for him to grant any

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**Reasoning:** The applicant did not furnish the necessary supporting documents despite multiple

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**Interpretation:** The Resolution Professional is obligated to verify claims based on available

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**Application:** In the absence of supporting documents, the Resolution Professional cannot

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## Parties

- **Judges:** Rohit K…; Harish Chander…; +1 more
- **Appellants:** Kanta M…
- **Respondents:** Abhilas…
- **Advocates:** Ratnanko B…; Mamta B…; +7 more

## Timeline

- **2012-01-19 — Work Orde…**: The Corporate Debtor awarded 3 works to the applicant vide work order dated 19th of…
- **2012-10-01 — Agreement for…**: Parties agreed for…

## 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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