Post by Mansij Arya
Company Secretary & Advocate | Insolvency Professional (IBC) Corporate Governance • Compliance • Commercial & Insolvency Litigation •Managing Partner at Athirst Legal
NCLAT Reaffirms: Inflated Claims Have No Place in CIRP A significant ruling by the National Company Law Appellate Tribunal (NCLAT) in Tropical Ventures Ltd. v. Resolution Professional of INCAB Industries Ltd. reinforces an important principle under the Insolvency and Bankruptcy Code (IBC). Key Facts: - Tropical Ventures filed a claim of approximately ₹21,500 crore during the CIRP of INCAB Industries Ltd. - Upon judicial scrutiny, the NCLAT held that only legally enforceable and duly substantiated claims can be admitted. - Consequently, the admitted claim was reduced to ₹85.79 crore. Key Takeaway: The Resolution Professional is duty-bound to verify every claim based on documentary evidence and legal enforceability. Inflated, speculative, or unsupported claims cannot be admitted merely because they are filed. This judgment strengthens the integrity of the CIRP process and ensures fairness in determining creditors' rights and voting shares. NCLAT reinforces that claim verification under the IBC is a substantive legal exercise—not a mechanical admission of the amount claimed. #IBC #NCLAT #CIRP #Insolvency #ResolutionProfessional #ClaimsVerification #CorporateLaw #InsolvencyProfessional