# In the matter of IIHT Systems Ltd. IA-12,816,1585 & 2368-2022 in IB-276(ND)-2019

> NCLT judgment dated 2022-05-26. Citation: TCN-2022-NCLT-04761. The applicant, Naseem Vohra, seeks direction to the RP to consider the claim of his client…

- **Court:** NCLT
- **Order date:** 26 May 2022
- **Citation:** TCN-2022-NCLT-04761
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-new-delhi/iiht-systems-ltd-ia-128161585-2368-2022-in-ib-276nd-2019-dd9c4848

## Summary

### Background

Counsel for the RP is present since the related matters are already listed for further consideration on 19.07.2022.

## Facts

Naseem Vohra, the applicant, seeks direction to the RP to consider the claim of his client (Operational Creditor).

The claim includes an initial amount of Rs. 2 Lakhs given to the IRP and the amount of rent of the properties which accrued during the period of CIRP as the CIRP costs.

The RP is present and accepts notice of the IA.

Respondents R-3, R-5, and R-6 are intentionally avoiding appearance before the Tribunal.

Bailable Warrants are ordered against Respondent Nos. 3, 5 & 6 with a bail amount of Rs. 50,000/-.

The Ex-IRP has not received full payment of IRP fees and expenses approved by the CoC.

The present RP accepts the claim of the Ex-IRP and submits that payment will be made as per law.

…

## Issues and analysis

### Issue 1: Whether the RP should be directed to consider the claim of the Operational Creditor for Rs. 2 Lakhs …

**Ratio:** The court has the power to direct the RP to

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**Reasoning:** The applicant is seeking direction to the RP to consider the claim of his client

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**Interpretation:** The RP has a duty to consider

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**Application:** The court directs the RP Counsel to file its reply to the present IA in one

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## Parties

- **Judges:** BACHU VENKAT…; Narender Kumar…
- **Appellants:** Naseem…
- **Respondents:** IIHT System…
- **Advocates:** Nitish K.…; Gaurav…; +6 more

## Timeline

- **2022-05-26 — Order Del…**: Order delivered on…
- **2022-07-19 — Next Hearin…**: The matter is listed on…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 9 — Application for initiation of corporate insolvency…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-9)

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