# In the matter of Rajkumar Brothers And Production Private
Limited Vs. Harish Amilineni Shareholder and erstwhile Director of Amilionn Technologies Private Limited & Anr. Civil Appeal No.4044 of 2020

> SC judgment dated 2021-01-22. Citation: TCN-2021-SC-00079. The appeal was filed under Section 62 of the Insolvency and Bankruptcy Code, 2016, against an order…

- **Court:** SC
- **Order date:** 22 Jan 2021
- **Citation:** TCN-2021-SC-00079
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/rajkumar-brothers-and-production-private-limited-vs-harish-amilineni-shareholder-a966fbe9

## Summary

### Background

The appeal was filed under Section 62 of the Insolvency and Bankruptcy Code, 2016, against an order dated August 10, 2020, passed by the National Company Law Appellate Tribunal (NCLAT), New Delhi. The NCLAT allowed Company Appeal (AT) (Insolvency) No.212 of 2020 filed by the Respondent. The Appellant had previously filed a petition under Section 9 of the IBC before the National Company Law Tribunal (NCLT) Hyderabad, being CP(IB) No.737/9/HDB/2019. The NCLT admitted the petition on January 9, 2020, observing that the Appellant's claim was undisputed. Aggrieved by this order, the Respondent filed an appeal before the NCLAT.

## Facts

Rajkumar Brothers And Production Private Limited filed an application under Section 9 of the Insolvency and Bankruptcy Code (IBC) before the National Company Law Tribunal (NCLT) Hyderabad against Harish Amilineni Shareholder and erstwhile Director of Amilionn Technologies Private Limited & Anr. The NCLT admitted the petition on January 9, 2020, noting that the Appellant's claim was undisputed. Harish Amilineni Shareholder and erstwhile Director of Amilionn Technologies Private Limited & Anr. then appealed to the National Company Law Appellate Tribunal (NCLAT), which set aside the NCLT's order, finding pre-existing disputes between the parties. Rajkumar Brothers And Production Private Limited then appealed to the Supreme Court, challenging the NCLAT's order,

…

## Issues and analysis

### Issue 1: Whether the direction regarding CIRP costs and fees …

**Ratio:** The direction regarding costs is unsustainable in law when it relates to proceedings

…

**Reasoning:** The Court reasoned that the Respondent, having succeeded in the appeal before the NCLAT,

…

**Interpretation:** This interpretation clarifies that when a party successfully appeals an order

…

**Application:** In this case, the NCLAT's direction that the Operational Creditor (Rajkumar

…

## Parties

- **Judges:** INDIRA BA…; SANJIV K…
- **Appellants:** Rajkumar Brothers…
- **Respondents:** Amilionn Technolog…; Harish Amilineni…
- **Advocates:** Abhishek…; Garima Pr…; +3 more

## Timeline

- **2019-11-21 — NCLT Issues…**: The NCLT Hyderabad issued a notice on…
- **2020-01-09 — NCLT Admits P…**: The NCLT admitted the petition filed by the Appellant, observing that the claim was…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 62 — Appeal to Supreme Court](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-62)

---

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/supreme-court-of-india/rajkumar-brothers-and-production-private-limited-vs-harish-amilineni-shareholder-a966fbe9