Tribunals and CommissionsFull Bench(2024) 03 NCLAT CK 0014

Bharat Heavy Electricals Ltd vs REC Ltd. (Formerly known as Rural Electrification Corporation Ltd.) & Anr

National Company Law Appellate Tribunal · Decided on 4 March 2024

HON’BLE JUDGES
Ashok Bhushan, Chairperson · Barun Mitra, Member (T) · Indevar Pandey, Member (T)
RESULT
Dismissed
CASE NUMBER
Company Appeal (AT) (Insolvency) No. 384, 385 Of 2024

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Judgment

3 paragraphs · 208 words
1.

These two Appeals have been filed by the Appellant challenging the orders dated 02.01.2024 admitting Section 7 Application filed by the ‘REC Ltd.’ and 05.01.2024 by which intervention application field by the Appellant has been rejected.

2.

Learned Counsel for the Appellant submits that there is an award dated 20.05.2022 by Calcutta High Court in favour of the Appellant which has been put for execution and interim injunction has already been granted by the Calcutta High Court. It is submitted that the Section 7 application has been admitted which shall cause prejudice to the Appellant.

3.

We have noticed that the application under Section 7 was filed in the year 2021 where award was in favour of the Appellant on 20.05.2022. The application was filed by REC Limited and has been admitted by the impugned order dated 02.01.2024. It is always open for the Appellant to file its claim in the CIRP of the Corporate Debtor. It is submitted by the Appellant that the claim has already been filed. Claim of the Appellant having been filed it shall be considered in accordance with the law in the CIRP of the Corporate Debtor. We see no reason to interfere with the impugned orders. Both the Appeals are dismissed.