9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2022 (4) TMI 523 - Tri - Insolvency and BankruptcySeeking dissolution of the Corporate Debtor - Section 54 of the Insolvency and Bankruptcy Code, 2016 read with Regulation 45 of the Insolvency and Bankruptcy Board of India (Liquidation Process) Regulations, 2016 - HELD THAT - Having satisfied that no assets were found during the CIRP and liquidation process for recovery of dues of the Stakeholders, nothing would remain in the Liquidation Process of the Corporate Debtor, to proceed with. The liquidator therefore conducted the final meeting of the Stakeholders Consultation Committee on 04.06.2021, wherein it was resolved to apply for dissolution of Corporate Debtor, hence, the instant application is filed by the Liquidator. In view of the documents placed on record, in the exercise of the powers conferred under section 54(2) of the IB Code, the dissolution of the Corporate Debtor viz., M/s. Drup Suppliers Pvt. Ltd. having CIN U65990GJ1987PTC009648 is ordered from the date of this order and the Corporate Debtor stands dissolved. Application allowed.
Issues: Application for dissolution of Corporate Debtor under Section 54 of the Insolvency and Bankruptcy Code, 2016.
Detailed Analysis: Issue 1: Application for Dissolution under Section 54 of the Insolvency and Bankruptcy Code, 2016 The application was filed by the Liquidator of M/s. Drup Suppliers Pvt. Ltd. seeking an order for the dissolution of the Corporate Debtor under Section 54 of the Insolvency and Bankruptcy Code, 2016. The Corporate Debtor was admitted for Corporate Insolvency Resolution Process (CIRP) following an application by an Operational Creditor. The Committee of Creditors (CoC) unanimously resolved to liquidate the Corporate Debtor due to the absence of assets for revival. The Adjudicating Authority directed the liquidation and appointed the Applicant as the Liquidator. The Liquidator conducted necessary public announcements and filed the final report along with Compliance Certificate. The fair value and liquidation value were determined, and CIRP costs were fully paid by the financial creditor. Following the stakeholders' consultation, it was resolved to apply for the dissolution of the Corporate Debtor as no assets were found during the CIRP and liquidation process for recovery of dues. The Tribunal, in the exercise of powers under Section 54(2) of the IB Code, ordered the dissolution of the Corporate Debtor from the date of the order, discharging the Liquidator from duties and responsibilities. The Registry was directed to send a copy of the order to the ROC, Gujarat, along with all books and files of the Corporate Debtor, and to forward copies to the IBBI and concerned parties for their records. This judgment highlights the procedural steps followed in seeking the dissolution of a Corporate Debtor under the Insolvency and Bankruptcy Code, 2016. It emphasizes the role of the Liquidator, the determination of fair and liquidation values, the absence of assets for recovery, and the stakeholders' agreement on dissolution. The Tribunal's order for dissolution signifies the conclusion of the insolvency process for the Corporate Debtor, with the Liquidator being discharged from responsibilities and necessary notifications being sent to relevant authorities and parties.
|
