Tribunals and CommissionsDivision Bench(2019) 01 NCLT CK 0605

M/s. Jayesh Tradex Pvt. Ltd. vs M/s. Brahma Food Pvt. Ltd.

National Company Law Tribunal · Decided on 29 January 2019

HON’BLE JUDGES
Dr. V. K. Subburaj, Member (T) · Ms. Ina Malhotra, Member (J)
RESULT
Allowed
CASE NUMBER
(IB)-663/ND/2018

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Judgment

5 paragraphs · 159 words

ORDER

Copy of the minutes of the meeting held on 21st November, 2018 passing the resolution that the RP should take adequate steps for filing the application under Section 33 of the Code has now been filed.

CA 5/2019 praying for liquidation was not annexed with the required resolution. Since the said resolution has now been filed, the application under Section 33(2) is allowed. The assets of the Corporate Debtor are directed to be liquidated. The RP has been named as the Liquidator.

It is also drawn to the notice of this Bench that no assets of the Corporate Debtor have been found or identified neither are the whereabouts of the sole Director known. The COC in this case comprises of only 1 Operational Creditor at whose instance CIR process was initiated. Unless he bears the expenses for publication etc. during the liquidation process, no steps can be taken.

To come up on 13th February, 2019 for further directions.