The NCLT stated that the resolution plan was submitted under the assumption that the company is classified as a micro, small, and medium enterprise (MSME), but determined that the promoters of the company are barred from submitting a resolution plan under the Insolvency and Bankruptcy Code (IBC). The NCLT also criticized the resolution professional for obtaining an MSME certificate to allow the entry of the defaulting promoters into the company.
The National Company Law Tribunal (“NCLT”), New Delhi Bench, comprising of Justice Ramalingam Sudhakar (President) and Shri L.N. Gupta (Technical Member), while adjudicating a petition filed by Go.
This monthly column seeks to cover the landmark judgments delivered by the NCLAT and to offer a brief summary of the same in a capsule-form for the benefit of the reader.
the NCLAT dealt with the issue Can
lease rentals arising out of use and occupation of a cold storage
unit be categorized as operational debt under Section
5(21) of I&B Code?
Section 5(21) of IBC states that Operational debt
means a claim in respect of the provision of goods or services
including employment or a debt in respect of the payment of dues
arising under any law for the time being in force and payable to
the Central Government, any State Government or any local
authority.
Facts
NAFED/Operational Creditor and the Corporate Debtor entered into
a Leave and License Agreement for the usage of cold storage