2021 (9) TMI 680 - Tri - Insolvency and Bankruptcy

Seeking liquidation of the Corporate Debtor - Section 33(2) of the Insolvency and Bankruptcy Code, 2016 - HELD THAT - The Application is in accordance with law. The same needs to be approved as provided under Section 33 of the Code. The Corporate Debtor, Orient Tourism Private Limited, shall be liquidated in the manner as laid down in Chapter-III of the Code with the directions issued - application allowed.

Summary

Issues:
Liquidation of Corporate Debtor under Section 33(2) of the Insolvency and Bankruptcy Code, 2016.

Detailed Analysis:

1. Admission of Petition and Initiation of CIRP:
The Tribunal admitted the petition under Section 9 of the Code, initiating Corporate Insolvency Resolution Process (CIRP) against the Corporate Debtor. An Interim Resolution Professional (IRP) was appointed for the process.

2. Claims and Committee of Creditors (CoC):
The IRP invited claims from creditors and constituted the Committee of Creditors (CoC). In a CoC meeting, the Applicant informed about an Application for withdrawal of CIRP, which was later rejected due to non-compliance with regulations.

3. Decision for Liquidation:
After uncovering serious fraud in the Corporate Debtor's operations, the CoC decided to discontinue the CIRP and opt for liquidation. Despite a request from the suspended director to reconsider, the CoC unanimously agreed to liquidate the Corporate Debtor and appointed a liquidator.

4. Appointment of Liquidator:
Mr. Ashish Vyas consented to act as the liquidator, and the Tribunal approved the liquidation in accordance with Section 33 of the Code.

5. Directions for Liquidation Process:
The Tribunal ordered specific directions for the liquidation process, including the appointment of Mr. Ashish Vyas as the Liquidator, ceasing the moratorium, transferring powers to the Liquidator, and compliance with relevant sections and regulations of the Code.

6. Operational Details:
The Liquidator was directed to issue a public announcement, manage legal proceedings, seek cooperation from personnel connected with the Corporate Debtor, and notify relevant authorities about the liquidation order.

7. Notice of Discharge:
The order served as a notice of discharge for officers, employees, and workmen of the Corporate Debtor, except in cases where the business continues during the liquidation process.

This detailed analysis outlines the sequence of events leading to the decision for liquidation of the Corporate Debtor, highlighting key legal aspects and procedural steps taken in accordance with the Insolvency and Bankruptcy Code, 2016.