Authority: National Company Law Tribunal, Division Bench – II, Chennai

Order Date: 13.07.2026

Case Overview

The National Company Law Tribunal (NCLT) Chennai heard three interconnected applications (IAs) filed by Alpana Sharma & another against Mr. Radhakrishnan Dharmarajan, the Liquidator of M/s. Alectrona Energy Pvt Ltd. The applications were part of the main petition CP(IB)/196(CHE)2021 filed by KEB Hana Bank against Alectrona Energy Pvt Ltd under Section 7 of the Insolvency and Bankruptcy Code (IBC), 2016.

The principal matter concerned the treatment of claims filed by Alpana Sharma for outstanding rental dues. In IA(IBC)/1431(CHE)2023, filed under Sections 60(5) and 35 of IBC, 2016 read with Section 53 of IBC and Rule 11 of NCLT rules, the applicant sought two primary reliefs: 1) Direction to the liquidator to pay their claimed amount of ₹2,18,46,810 (₹1,06,65,135 + ₹1,11,81,675), and 2) Direction to treat outstanding rental dues of ₹1,46,47,920 (excluding interest) from March 2022 to July 2023 as insolvency resolution/liquidation costs under Section 53 of IBC, giving them priority in payment, including rentals until the date of vacating the premises.

IA(IBC)/1419(CHE)2023, filed under Section 42 of IBC, 2016, sought a direction for the liquidator to admit the full claim amount of ₹2,18,46,810.

IA(IBC)/1607(CHE)2023, also filed under Sections 60(5) and 35 of IBC, sought to vacate and hand over possession of the applicant's properties. The applicant stated during the hearing that the possession had already been handed over, rendering this application infructuous.

The tribunal observed that the liquidator had not yet passed a speaking order on the merits of the claim filed by Alpana Sharma.

Final Outcome

The tribunal disposed of all three applications. For IA(IBC)/1431(CHE)2023 and IA(IBC)/1419(CHE)2023, the liquidator was directed to consider the applicant's claim on its merits and pass a speaking order within two weeks. The order clarified that if the applicant is aggrieved by the liquidator's order, they may approach the court. IA(IBC)/1607(CHE)2023 was disposed of as infructuous since the possession of the properties had already been handed over.

The practical consequence is that the liquidator must now formally adjudicate the ₹2.18 crore claim within a strict two-week deadline, after which the applicant retains the right to challenge that decision in court.

Topics: Insolvency Proceedings, Claim Adjudication