- (1.) I A. No.30 of 2017 in CP 1A/I&BP/NCLT/MUM/2017 It's an Intervention Application filed by one Dakshin Haryana Bijli Vitran Nigam Ltd. stating that this applicant entered into an Agreement dated 30.5.2011 with Corporate Debtor namely U. B. Engineering Ltd. for carrying two work orders dated 31.5.2011 by the Corporate Debtor for supply and erection of distribution lines in Gurgaon District Haryana. Owing to certain disputes arose between the parties, the applicant terminated the said contract on 9.7.2012, pursuant to which, when this Corporate Debtor invoked arbitration on 14.7.2012 claiming Rs. 30,37,58,299 along with interest against this applicant, it has as well made counter claim against the Corporate Debtor for an amount of ^112,00,69,944.
(2.) While the same pending before the Arbitrator, on section 10 petition filed under I&B Code by this Corporate Debtor, this Bench on 18.1.2017 admitted the same declaring Moratorium u/s 14 of the Code, On having the Arbitral Tribunal adjourned that case to another date on the ground moratorium has been declared under this Code, this applicant has filed this add-party petition to implead it as party to this proceeding so as to protect the interest of the applicant for it has bonafide claim against the Corporate Debtor.
(3.) To which the Corporate Debtor side filed reply stating that inherent power lying with National Company Law Tribunal Rules under Rule 11 is not applicable to this proceeding to implead the applicant as party to this proceeding because Insolvency & Bankruptcy code has not been governed by Rules of NCLT. Moreover there being no provision under IBC for impleadment of third party in a proceeding u/s 10 of Insolvency & Bankruptcy Code, this Corporate Debtor has denied that it is under any liability to independently put it to the applicant about declaration of Moratorium, for already public announcement has been made in pursuance of declaration of moratorium in pursuance of the directions of this Bench, this applicant therefore could not say that since declaration of moratorium has independently not been put to the notice of this applicant. Moreover, since a provision is carved out in the Code to a claimant to make claim before Insolvency Resolution professional, this applicant is entitled to make its claim, if any before the Insolvency Resolution Professional as prescribed under this Code, in view of the same, this applicant need not be impleded as party to the proceeding.;