Tribunals and CommissionsDivision Bench(2019) 09 NCLT CK 0804

In Re: C.P. (I.B) No. 616/NCLT/AHM/2018 (Liquidation)

National Company Law Tribunal · Decided on 19 September 2019

HON’BLE JUDGES
Manorama Kumari, Member Judicial · Chockalingam Thirunavukkarasu, Member Technical
CASE NUMBER
IA 574/2019 in C.P. (I.B) No. 616 /NCLT/AHM/2018

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Judgment

9 paragraphs · 276 words

ORDER

The parties are represented through learned counsel and FCA.

The instant application is filed by the Resolution Professional seeking order of the liquidation under section 33(1), 33(2), 34(1) of the IB Code.

The RP submitted that even after publication no expression of interest is received till last date i.e. 12.08.2019 owing to which the COC in its 4th meeting dated 20.08.2019 had unanimously passed the Resolution under subsection (2) of section 33 of the IB Code for liquidation of the Corporate Debtor Company as reflected at page number 46 annexure F.

On perusal of the record, it is found that the Applicant has annexed the proof of paper publication and minutes of the meeting dated 20.08.2019. It is also found that there was 100% voting in favour of the liquidation of the Corporate Debtor Company as reflected from annexure 1, page number 47 and accordingly, the RP was authorised to file the application under section 33 of the IB Code before this Bench.

Considering all the above said facts and the documents annexed therein with application, this adjudicating authority is of the considered view to pass an order for liquidation in respect of the Corporate Debtor Company and direct the liquidator to issue a public announcement stating that the Corporate Debtor is in liquidation.

This Adjudicating Authority hereby appoint the Resolution Professional as 'Liquidator' under section 34(1) of the Code. The Liquidator shall send an intimation to the Registrar of Companies with which the Corporate Debtor is registered.

The liquidator shall act as per section 35 of Insolvency and Bankruptcy Code, 2016, subject to directions of this Authority.

Accordingly, the instant IA stands disposed of.