# In the matter of NTPC Ltd. (Simhadri Project) Vs. Rajiv Chakraborty, Civil Appeal No. 2798 of 2020

> SC judgment dated 2020-11-16. Citation: TCN-2020-SC-00014. The appeal concerns the appellant's claim not being reflected under the heading 'Claims of…

- **Court:** SC
- **Order date:** 16 Nov 2020
- **Citation:** TCN-2020-SC-00014
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/ntpc-ltd-simhadri-project-vs-rajiv-chakraborty-civil-appeal-no-2798-of-2020-f7e2914f

## Summary

### Background

The appeal concerns the appellant's claim not being reflected under the heading 'Claims of Operational Creditors' in the Information Memorandum prepared by the Resolution Professional. The Adjudicating Authority and the Appellate Tribunal have taken the view that the appellant's claim is already noted in the Information Memorandum under the title ‘List of Other Creditor Claims (excluding Related Party Claims and Employees and Workmen Claims) as on 17th July, 2019′. The appellant has not made any grievance that the figure noted therein is incorrect.

## Facts

NTPC Ltd. (Simhadri Project) filed a civil appeal against Rajiv Chakraborty. The core issue revolves around the appellant's claim not being specifically listed under 'Claims of Operational Creditors' within the Information Memorandum prepared by the Resolution Professional. The Adjudicating Authority and the Appellate Tribunal had previously acknowledged the appellant's claim, noting its inclusion in the Information Memorandum under the title 'List of Other Creditor Claims (excluding Related Party Claims and Employees and Workmen Claims) as on 17th July, 2019'. The appellant did not dispute the accuracy of the figure noted, but rather its categorization. The appellant argues that the claim amount should have been reflected under the 'Claims of Operational Creditors'

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## Issues and analysis

### Issue 1: Whether the appellant's claim should be reflected under the heading 'Claims of Operational …

**Ratio:** The purpose of the memorandum is to provide relevant information regarding the financial

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**Reasoning:** The court reasoned that the claim is already noted in the Information Memorandum, albeit

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**Interpretation:** The court interpreted that the inclusion of the claim under a different heading

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**Application:** The court applied the ratio to the facts by stating that since the claim is

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## Parties

- **Judges:** A.M. KHAN…; B.R. G…; +1 more
- **Appellants:** NTPC LTD.…
- **Respondents:** Rajiv Chakr…
- **Other parties:** Over Tu…

## Timeline

- **2019-07-17 — Claim noted in…**: Appellant's claim noted in Information Memorandum under the title ‘List of Other Creditor…
- **2020-11-16 — Court He…**: Matters were called on…

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