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2018 (11) TMI 1900 - Tri - Insolvency and BankruptcySeeking liquidation of the Corporate Debtor - section 33(1) 33(2) of the insolvency and Bankruptcy Code, 2016 - HELD THAT - A liquidation order needs to be passed in respect of the present Corporate Debtor Company eg. Kohinoor Diamonds Pvt. Ltd., as, there is more than 89% voting of the members of the COC favouring for liquidation process. The order for liquidation of the present Corporate Debtor is passed - Application allowed.
Issues: Liquidation of Corporate Debtor, Appointment of Liquidator
The judgment delivered by the National Company Law Tribunal, Ahmedabad, involved an application filed under sections 33(1) and 33(2) of the Insolvency and Bankruptcy Code. The main prayers sought were for the liquidation of the Corporate Debtor, M/s. Kohinoor Diamonds Pvt. Ltd, and the appointment of Mr. Amit Gupta as the liquidator in place of the current Resolution Professional, Mr. Anshuman Chaturvedi. The Committee of Creditors (COC) decided in its fifth meeting to recommend liquidation as no resolution plan was received. The COC also resolved to appoint Mr. Amit Gupta as the liquidator. The application highlighted that the 180-day period for the Corporate Insolvency Resolution Process (CIRP) was ending soon, and the COC decided not to extend the period. The Tribunal examined the application, considered the grounds presented, and noted that over 89% of the COC members favored the liquidation process. Consequently, the Tribunal, acting as the Adjudicating Authority, ordered the liquidation of the Corporate Debtor, M/s. Kohinoor Diamonds Pvt. Ltd. It appointed Mr. Amit Gupta as the Liquidator under section 34(1) of the Code and directed the Liquidator to make a public announcement regarding the liquidation and inform the Registrar of Companies (ROC) where the Corporate Debtor is registered. The Liquidator was instructed to act in accordance with section 35 of the Insolvency and Bankruptcy Code, subject to further directions from the Authority. The application was allowed, and the matter was disposed of accordingly.
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