The NCLT dismissed an application by a service provider seeking payment for canteen services. The court held that only part of the claimed amount related to CIRP costs considered by the Resolution Professional, while the remainder was pre-CIRP operational debt not claimed timely.
Application IA-294/2022 dismissed with no costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE NATIONAL COMPANY LAW TRIBUNAL MUMBAI BENCH : C-IV
IA-294/2022 in CP(IB)-197/MB/2018
Under Section 60(5) of the IBC, 2016
In the matter of Alkush Hospitality ...Applicant v/s. Amit Gupta …Respondent/ Res. Professional In the matter of ICICI Bank …Financial Creditor
v/s.
Unimark Remedies Ltd.
…Corporate Debtor
Order Pronounced on: 17.04.2023
Coram:
Mr. Prabhat Kumar Hon’ble Member (Technical)
Mr. Kishore Vemulapalli Hon’ble Member (Judicial)
Appearances (via videoconferencing):
For the Applicant: Mr. Kunal Chheda, Advocate. For the Respondent: Ms. Pooja Mahajan a/w Ms. Mahima Singh, Ms. Arveena Sharma & Mr. Jineshkumar Gandhi i/b Arihant Associates, Advocates. Mr. Amit Gupta, RP present in person.
IN THE NATIONAL COMPANY LAW TRIBUNAL MUMBAI BENCH : C-IV
IA-294/2022 in CP(IB)-197/MB/2018
O R D E R
Per: Kishore Vemulapalli, Member (Judicial)
This is an Application filed by a Service Provider viz. Alkush Hospitality seeking direction to the Resolution Professional to pay its dues for an amount of Rs.7,39,708/- (Rupees Seven lakh thirty-nine thousand seven hundred and eight only) towards the services provided to the Corporate Debtor during the CIRP period.
Brief Facts of the Case:
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17.04.2023/pvs
IN THE NATIONAL COMPANY LAW TRIBUNAL MUMBAI BENCH : C-IV
IA-294/2022 in CP(IB)-197/MB/2018 the Applicant approached this Tribunal. The Applicant has attached the ledger statement reflecting the invoices raised on the Corporate Debtor and payment received by the Applicant.
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17.04.2023/pvs
IN THE NATIONAL COMPANY LAW TRIBUNAL MUMBAI BENCH : C-IV
IA-294/2022 in CP(IB)-197/MB/2018 Resolution Applicant which is approved by the CoC with 72.25% voting share. The same Resolution Plan provides payment of CIRP costs in priority. Once the Plan is approved by this Tribunal, the CIRP costs will be paid in priority as per the timeline proposed by the Resolution Applicant in its Resolution Plan. He also submits that since there is no case for the Applicant, the Application should be dismissed as not maintainable.
Findings:
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17.04.2023/pvs
IN THE NATIONAL COMPANY LAW TRIBUNAL MUMBAI BENCH : C-IV
IA-294/2022 in CP(IB)-197/MB/2018
RA, we find there is no merit in the case and therefore, IA-294/2022 is
hereby dismissed with no costs.
Sd/-
PRABHAT KUMAR MEMBER (TECHNICAL)
Sd/-
KISHORE VEMULAPALLI MEMBER (JUDICIAL)
Page 5 of 5
17.04.2023/pvs
3 issues framed by the court
Whether service provider dues during CIRP constitute CIRP costs or operational debt
Whether the applicant's claim for pre-CIRP outstanding is maintainable within these proceedings
Whether maintainability of IA-294/2022 having partial CIRP costs accounted for
2 provisions across 1 enactments
Alkush Hospitality
Amit Gupta
Prabhat Kumar
Kishore Vemulapalli
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
