Miss Lucy
← All judgments

In the matter of Era Infra Engineering Limited

National Company Law Tribunal8 August 2024

Ratio decidendi

The rule this decision rests on

Once a resolution plan has been approved under Section 31(1) of the Insolvency and Bankruptcy Code, 2016, it binds the corporate debtor, its employees, members, creditors (including the Central Government, any State Government or local authority to whom statutory dues are owed), and all other stakeholders; and after such approval the Adjudicating Authority cannot direct the Resolution Professional to admit a claim, including a claim for statutory dues, that falls outside the approved plan.

Written by Miss Lucy from the judgment below, not taken from a headnote.

Judgment

As delivered

IN THE NATIONAL COMPANY LAW TRIBUNAL, NEW DELHI COURT-V (Division Bench) Item No.-108 (IB)-190(PB)/2017 New IA/3820/2024, New IA/3823/2024 IN THE MATTER OF: Union Bank of India .….Applicant Vs. Era Infra Engineering Limited …..Respondent SECTION U/s 7 of (IBC) CIRP Order delivered on 08.08.2024 CORAM: SHRI MAHENDRA KHANDELWAL, HON’BLE MEMBER (JUDICIAL) Dr. SANJEEV RANJAN, HON’BLE MEMBER (TECHNICAL) HYBRID HEARING (PHYSICAL & VC) PRESENT: For the Applicant : Mr. Kaushik Dey, Adv. in IA/3820/24 For the Respondent : For the RP : Mr. Ajay Bhargava, Ms. Wamika Trehan, Mr. Shivank Diddi, Mr. Siddhant Kumar, Advs. ORDER New IA/3820/2024:- This is an application filed under Rule 11 of NCLT Rules, 2016 read with Section 60(5) of IBC, 2016 seeking condonation of delay in filing the claim by the Applicant and further seeking direction to the Resolution Professional has been sought for payment of the EPFO dues in terms of Section 17(B) of the EPF and MP Act, 1952. Heard the submission made by Ld. Counsel on behalf of the Applicant. Ld. Counsel on behalf of the erstwhile Resolution Professional is present and it was brought to our notice that the Resolution Plan has already been approved by this Adjudicating Authority vide order dated 11.06.2024. In Amit Tiwari 08.08.2024 terms of Section 31(1) of IBC, 2016, once a Resolution Plan has been approved by this Adjudicating Authority, it is binding on in Corporate Debtor and its employees, members, creditors including the Central Government, any State Government or any local authority to whom a debt in respect of the payment of dues arising under any law for the time being in force, such as authorities to whom statutory dues are owed. In view of the settled law after the approval of the Resolution Plan by this Adjudicating Authority, no order for giving direction to the Resolution Professional for admitting any claim can be passed by this Adjudicating Authority. With these observations, the present application i.e. New IA/3820/2024 is disposed of. New IA/3823/2024:- This is a report filed by the Resolution Professional submitting the progress in respect of the implementation of the Resolution Plan. Heard the submission made by Ld. Counsel on behalf of the Applicant. The status report as filed is taken on record with just exceptions. The present application i.e. New IA/3823/2024 is disposed of.

Sd/- Sd/- (Dr. SANJEEV RANJAN) (MAHENDRA KHANDELWAL) MEMBER (T) MEMBER (J)

Amit Tiwari 08.08.2024

This page reproduces a public judgment and a summary of it. It is research material, not legal advice, and it is no substitute for advice from an advocate on your own facts.

Research this judgment with Miss Lucy

Ask what it holds, what has followed it, and what it means for your matter — in plain English, with the citations.

Try Miss Lucy free