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2020 (1) TMI 1570 - Tri - Insolvency and BankruptcySeeking liquidation of Corporate Debtor - Section 33 of I B Code - HELD THAT - In view of the averments made in the Progress Report particularly in the Fourth/Final Report filed by the RP, it is deemed fit and proper in these circumstances to pass an order of Liquidation of the Corporate Debtor under Section 33(2) of the Code, particularly for the reason that there is no resolution applicant forth-coming to take over or submit its Resolution Plan. The Corporate Debtor has been ordered to be liquidated - Application allowed.
Issues Involved:
Admission of petition for Corporate Insolvency Resolution Process, appointment of Interim Resolution Professional, confirmation of Resolution Professional by Committee of Creditors, non-cooperation of suspended Board of Directors, failure to receive viable resolution plan, decision on liquidation, appointment of Liquidator, passing order of Liquidation, communication of order to relevant authorities, cessation of moratorium, discharge of officers and employees, disposal of the case. Admission of Petition and Appointment of Interim Resolution Professional: The petition was admitted on 2nd August, 2019, initiating Corporate Insolvency Resolution Process against the Corporate Debtor. Mr. Binay Kumar Singhania was appointed as the Interim Resolution Professional. Public announcements were made inviting claims from creditors, and the IRP received claims from Operational Creditors. The appointment of IRP as RP was confirmed by the Committee of Creditors on 03.09.2019. Valuation Process and Committee of Creditors' Decisions: Registered valuers were appointed for the valuation of financial assets. The COC deferred the decision on publication of Form G due to low chances of receiving a Resolution Plan. Discussions were held on Expression of Interest (EOI), Evaluation Matrix, and sharing of Information Memorandum with Financial Creditor. The suspended Board of Directors failed to cooperate with the appointed valuers. Non-Cooperation of Suspended Board of Directors and Liquidation Decision: Due to the suspended Board's failure to provide necessary information, an application for non-cooperation was filed. Despite publishing an EOI, no resolution applicant came forward. The RP filed a Final Progress Report stating the absence of viable resolution plans. The COC did not make a decision, leading to the conclusion that the Corporate Debtor would go into liquidation. Appointment of Liquidator and Order of Liquidation: As the COC did not decide on appointing a Liquidator, the RP was directed to continue in that role. The order of Liquidation was passed due to the absence of any resolution applicant. Mr. Binay Kumar Singhania was appointed as the Liquidator, and the order was communicated to relevant authorities. The moratorium was ceased, and a fresh moratorium under section 33(5) commenced. The order also discharged the officers, employees, and workmen of the Corporate Debtor. This detailed analysis covers the admission of the petition, appointment of professionals, valuation process, decisions of the Committee of Creditors, non-cooperation issues, liquidation decision, appointment of Liquidator, passing of the order of Liquidation, and necessary communications and actions following the decision.
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