# In the matter of RPS Infrastructure Ltd. vs. Mukul Kumar & Anr.

> SC judgment dated 2023-09-11. Citation: TCN-2023-SC-00043. The case involves a dispute between RPS Infrastructure Ltd. (Appellant) and M/s KST Infrastructure…

- **Court:** SC
- **Order date:** 11 Sept 2023
- **Citation:** TCN-2023-SC-00043
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/rps-infrastructure-ltd-vs-mukul-kumar-anr-07cf75ce

## Summary

### Background

The case involves a dispute between RPS Infrastructure Ltd. (Appellant) and M/s KST Infrastructure Private Limited (Corporate Debtor) regarding the development of land. An agreement was entered into on 02.08.2006 for the development of land licensed with the appellant. The appellant sought reference to arbitration due to the Corporate Debtor's alleged misconduct in advertising the project under its own name. The arbitral proceedings culminated in an award dated 01.08.2016 in favor of the appellant. The Corporate Debtor filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging the award. Meanwhile, CIRP was initiated against the Corporate Debtor based on an application under Section 7 of the Insolvency and Bankruptcy Code, admitted on

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## Facts

An agreement was entered into on 02.08.2006 between RPS Infrastructure Ltd. (Appellant) and M/s KST Infrastructure Private Limited (Corporate Debtor) for development of land. A dispute arose, leading the appellant to seek arbitration on 02.05.2011. An arbitral award was issued on 01.08.2016 in favor of the appellant. The Corporate Debtor challenged the award under Section 34 of the Arbitration and Conciliation Act, 1996, on 26.09.2016. The appellant also initiated execution proceedings on the same date. The execution proceedings were adjourned sine die on 22.12.2017 due to the pending Section 34 proceedings. The Section 34 proceedings culminated in the award being upheld on 25.04.2019. Meanwhile, CIRP was initiated against the Corporate Debtor on 27.03.2019, based on

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## Issues and analysis

### Issue 1: Whether the appellant's claim pertaining to an arbitral award, which is in appeal under Section 37 …

**Ratio:** A successful resolution applicant cannot suddenly be faced with “undecided” claims after

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**Reasoning:** The court reasoned that allowing belated claims after the resolution plan has been

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**Interpretation:** The court interpreted the IBC provisions related to claim submission deadlines

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**Application:** The court applied the ratio to the specific facts of the case, noting that the

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## Parties

- **Judges:** SANJAY KISH…; Sudhanshu…
- **Appellants:** M/s RPS Infrastruc…
- **Respondents:** M/s KST Infrastruc…; MUKUL K…

## Timeline

- **2006-08-02 — Agreement…**: Agreement entered into between the appellant and the Corporate Debtor for land…
- **2011-05-02 — Arbitration R…**: Appellant sought…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 7 — Initiation of corporate insolvency resolution…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-7)

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