Sathya Moorthy Sai Prasad Vs Shapoorji Pallonji and Company Pvt. Ltd. & Anr. (NCLAT Chennai)
NCLAT Chennai allowed impleadment application of Operational Creditor as CIRP proceedings was initiated against Corporate Debtor by another Creditor and the said CIRP was closed.
Facts- M/s RDC Concrete India Pvt. Ltd. filed an application before the NCLAT for its impleadment as a party in the matter of M/s Ozone Projects Pvt. Ltd. (Corporate Debtor). The reason for implement, which has been mentioned in the application is that, during the course of business of the Corporate Debtor, there have been various business transactions, which were carried with the Operational Creditors including him for purchase of the ready-mix concrete for the projects which are being undertaken by the Corporate Debtor, namely ‘Metro Zone’ and pursuant to it the Operational Creditor, had also supplied some ready-mix concrete to the Corporate Debtor, as per the requirement and the order placed by the Corporate Debtor, which can apparently be verified from the invoices. The said business transaction was carried out between the period from 11.05.2019 to 13.10.2021, where an amount of Rs. 4,48,30,421 was said to be due to be paid to him.
Conclusion- Held that owing to the fact as also apparent from the pleading, since the applicant himself had been an applicant to the CIRP proceedings against the present Corporate Debtor which was closed because CIRP was initiated on another application (the subject matter of the instant appeal) and where he has been asked to file his claims, he becomes a necessary party to be impleaded for an effective adjudication of the appeal. Thus, impleadment application is hereby allowed.
