NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHI

Company Appeal (AT) (Insolvency) No. 66 of 2020

IN THE MATTER OF:

S.A. Pharmachem Pvt. Ltd.

...Appellant

Vs.

Alok Industries Ltd. & Ors.

...Respondents

Company Appeal (AT) (Insolvency) No. 67 of 2020

IN THE MATTER OF:

M/s. Prime Marketing

...Appellant

Vs.

Alok Industries Ltd. & Ors.

...Respondents

Company Appeal (AT) (Insolvency) No. 69 of 2020

IN THE MATTER OF:

Sadhana Trading Corporation

...Appellant

Vs.

Alok Industries Ltd. & Ors.

...Respondents

Company Appeal (AT) (Insolvency) No. 70 of 2020

IN THE MATTER OF:

M/s. Eighteen Acid & Chemicals Enterprise

...Appellant

Vs.

Alok Industries Ltd. & Ors.

...Respondents

Contd/-…….

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Company Appeal (AT) (Insolvency) No. 71 of 2020

IN THE MATTER OF:

C.M.S. Impex (India) Pvt. Ltd.

...Appellant

Vs.

Alok Industries Ltd. & Ors.

...Respondents

Company Appeal (AT) (Insolvency) No. 73 of 2020

IN THE MATTER OF:

Apna Organics Pvt. Ltd.

...Appellant

Vs.

Alok Industries Ltd. & Ors.

...Respondents

Company Appeal (AT) (Insolvency) No. 74 of 2020

IN THE MATTER OF:

Associate Chemicals & Ors.

...Appellants

Vs.

Alok Industries Ltd. & Ors.

...Respondents

Present:

For Appellant: - Mr. Akshay Sapre and Mr. Ankit Kumar

Lal, Advocates.

For

Respondents:-

Mr.

Ramji

Srinivasan,

Senior

Advocate with Mr. Raghav Shankar and Ms. Sylona

Mohapatra, Advocates for R-3.

Ms. Sneha Janaki Raman, Mr. Prateek Kumar and Mr.

Nihanjan S. Rao, Advocates for CoC.

Mr. Arun Kathpalia, Senior Advocate with Ms. Misha, Mr.

Vaijayant Paliwal and Mr. Nikhil Mathur, Advocates for

RP.

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O R D E R

22.01.2020─

The

Appellant(s)-

(‘Operational

Creditors’)

have

preferred these appeals against the order dated 18^th November, 2019

passed by the Adjudicating Authority (National Company Law Tribunal),

Ahmedabad

Bench,

Ahmedabad,

rejecting

their

Interlocutory

Applications for payment of ‘Corporate Insolvency Resolution Process

Costs’.

2.

In the ‘Corporate Insolvency Resolution Process’ of ‘M/s. Alok

Industries Limited’- (‘Corporate Debtor’), the ‘Resolution Plan’ was

approved by the Adjudicating Authority on 8^th March, 2019. During the

implementation of the ‘Resolution Plan’, the Interlocutory Applications

were filed by the Appellant(s).

3.

Learned counsel for the Appellant submits that the ‘Operational

Creditors’ supplied goods during the ‘Corporate Insolvency Resolution

Process’ to keep the Company as a going concern. For the first time, the

‘Resolution Professional’ by e-mail dated 21^st November, 2018 directed

the settlement of payments made during the month of October-

November, 2018 against the current invoices. This has erroneously been

noted as e-mail dated 25^th October, 2018 in the impugned order.

4.

Subsequently, by order 8^th March, 2019, the ‘Resolution Plan’ was

approved by the Adjudicating Authority. It was at this stage for the first

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time that the Appellant(s) came to know a sum had been set aside for

payment of ‘Corporate Insolvency Resolution Process’ and thereafter on

the basis of verbal information, it had an apprehension that the amounts

due against the goods supplied during the ‘Corporate Insolvency

Resolution Process’ period, ‘Interim Resolution Professional’ cost would

not be paid to him and in fact the payments made against ‘Pre-Corporate

Insolvency Resolution Process’ invoices would be se-off against the same.

5.

Mr. Ramji Srinivasan, learned Senior Counsel appearing on behalf

of 3^rd Respondent-‘Reliance Industries Limited’ (‘Successful Resolution

Applicant’) and Mr. Arun Kathpalia, learned Senior Counsel appearing on

behalf of the ‘Resolution Professional’ oppose the Appellant(s). It is

submitted