Case Law Details
M/s. Genius Security and Allied Services Vs Mr. Shivadutt Bannanje (NCLAT Chennai)
Facts- The Appellant being Operational Creditor aggrieved by the impugned order dated 29.01.2021 passed by the Hon’ble Adjudicating Authority, whereby the Hon’ble Adjudicating Authority without appreciating the facts with respect to claims of the Operational Creditors passed an order approving the Resolution Plan. It is submitted that the Appellant provided security and housekeeping services for the projects undertaken by the Corporate Debtor. It is submitted that the security services provided were of due importance and did aid the timely completion of the projects and shall be right fully treated as operational debt under the provisions of IBC.
Upon initiation of CIRP against the Corporate Debtor, the Appellant by an email dated 21.10.2019 submitted proof of claim in form B to the first Respondent specifying the amount of claim of Rs. 8,77,317/- and furnished details of invoices and account statements. The First Respondent by email dated 09.12.2019 duly approved the claim amount at Rs. 8,47,147/- stating that a sum of Rs. 30,0170/- was with respect to TDS and refused to take the said amount into consideration for approval.
However, the 2nd Respondent deliberately kept the claims out of the purview of the Resolution Plan, thus, giving a clear indication on the part of the 2nd Respondent that such claims find no merit in the Plan.
Conclusion- Once the Plan is approved by the Adjudicating Authority under Sub- Section (1) of Section 31 it shall be binding on the Creditors including the Operational Creditors i.e. the Appellants herein.
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