Approval of Resolution Plan - G R. Multi flex Packaging Pvt. Ltd.
- CitationIA (IB) (Plan)No. 3/(KB)/2024 in CP(IB) No. 106/(KB)/2021
Ratio decidendi
The rule this decision rests on
Once a resolution plan has been approved under section 31(1) of the Insolvency and Bankruptcy Code, 2016, the claims provided for in the plan stand frozen and bind the corporate debtor, its employees, members, creditors (including the Central Government, any State Government or local authority), guarantors and other stakeholders; all claims not part of the approved plan stand extinguished, and no person may initiate or continue proceedings in respect of such claims, including statutory dues owed to the Central or State Government or a local authority for the period prior to the date of approval. Approval of a resolution plan under section 31 does not by itself operate as a discharge of a personal guarantor's liability; the guarantor's liability is not extinguished merely because the plan is sanctioned. Where the resolution professional has not filed any application under the avoidance provisions (sections 43, 45, 50 and 66) and has placed no transaction audit report on record to justify that inaction, the Adjudicating Authority may approve the plan yet direct the committee of creditors to appoint a transaction auditor and to take action on avoidance applications based on the audit report, and may direct the financial creditors to invoke personal guarantees where not already invoked, in order to maximise the value of the corporate debtor's assets. Reliefs, waivers and concessions may be granted by the Adjudicating Authority only insofar as they are directly related to the Code and the Companies Act, 2013; reliefs falling within the domain of other government departments or authorities are not granted by it and must be sought from the competent authority.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
Application under section 30(6) and section 31 of the Insolvency & Bankruptcy Code, 2016 read with regulation 39(4) of the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 for approval of Resolution Plan. In the Matter of: UCO Bank …Financial Creditor And GR Multiflex Packaging Private Limited ….Corporate Debtor And In the matter of: Mr. Madhur Agarwal, Resolution Professional of GR Multiflex Packaging Private Limited. ….Applicant
Date of Pronouncement of order: 30.10.2024
Coram: Smt. Bidisha Banerjee : Member (Judicial) Shri D. Arvind : Member (Technical)
Counsel appeared physically / through video Conferencing Mr. Nikunj Berlia, Adv. ] for the Resolution Professional Ms. Mosarat Reyaz, Adv. Ms. Urvashi Jain, Adv. Mr. Sandip Manna, Adv.
Division Bench, (Court-II), Kolkata IA (IB) (Plan)No. 3/ (KB) /2024 In CP(IB) No. 106/( KB) /2021 ORDER Per Bidisha Banerjee, Member (Judicial): 1. The Court convened through hybrid mode. 2. Ld. Counsel for the parties were heard at length. 3. This application has been preferred to seek approval of Resolution Plan in its entirety along with annexure, Schedule, Appendixes including the claims contained therein as submitted by M/s. Sikkim Organics and reliefs and concessions sought for under the Plan. 4. The CoC has approved the Resolution Plan of M/s. Sikkim Organics by 84% vote and M/s. Sikkim Organics was declared as Successful Resolution Applicant (SRA) in respect of the Corporate Debtor. 5. Brief facts of the CIRP process are as under: a. The applicant submits that vide its order dated 19.09.2022 was pleased to admit the petition and appointed Mr. Madhur Agarwal as the Interim Resolution Professional (“IRP”) of the Corporate Debtor and Mr. Agarwal was confirmed as RP of the Corporate Debtor in the 1st Meeting of CoC. b. During the CIR Process, the CoC has met 8 times and the same are detailed below: Particulars of CoC Date of CoC Meeting Meeting 1st CoC Meeting 17th October, 2022 2nd CoC Meeting 07th November, 2022 3rd CoC Meeting 18th November, 2022 4th CoC Meeting 2nd February, 2023 5th CoC Meeting 23rd March, 2023 6th CoC Meeting 23rd June, 2023 7th CoC Meeting 14th July, 2023 8th CoC Meeting 11th August, 2023
Division Bench, (Court-II), Kolkata IA (IB) (Plan)No. 3/ (KB) /2024 In CP(IB) No. 106/( KB) /2021 c. The applicant submits that in compliance with Section 15 of the Code on 22.09.2022, the applicant had made the public announcement in (a) Financial Express – English Language, Ahmedabad and Kolkata Edition (b) Aajkaal – Bengali Language, Kolkata Edition and invited claims from all the creditors in prescribed “Form A”. d. It is further submitted that as per Regulation 35(2), the Resolution Professional shared the Fair Value and the Liquidation Value for Plant and Machinery and Land & Buildings with all the members of the CoC after the receipt of the Corporate Debtor obtained from the appointed Registered Valuers are as follows: i. Average Fair Value Rs. 1,72,70,311/-ii. Average Liquidation Value Rs. 1,23,59,133/- e. The valuation reports received from the Registered Valuers on 18th November, 2022 is enumerated below for reference:
Division Bench, (Court-II), Kolkata IA (IB) (Plan)No. 3/ (KB) /2024 In CP(IB) No. 106/( KB) /2021 f. Ld. Counsel for the Applicant further states that Information Memorandum regarding receiving of claims from the Creditors of the Corporate Debtor and collating of the same has been submitted before the CoC on 05.11.2022. g. Further, in compliance with Regulation 36A(1), The invitation for expression of interest in prescribed Form-G was published by the Applicant on 28th October 2022 in one English Newspaper Financial Express and one Bengali Newspaper Aajkaal. h. After that expression of Interest was received from two participants Sikkim Organics and Oriclean Private Limited, the EMD of Rs 5 lakhs was received only from Sikkim Organics. The last date of the receipt of Resolution Plan was fixed as 22nd December 2022 but that was further extended to 2nd January 2023 when both the Resolution Applicant had asked for an extension. i. A Resolution Plan was duly received from Sikkim Organics. The Resolution Professional conducted required due diligence with regard to the compliance of the mandatory provisions of the Code and its Regulation on the plan submitted by Sikkim Organics. j. During the 5th COC meeting held on 23rd March 2023 it was stated that Oriclean is insisting that they will not submit any performance guarantee/they already have an outstanding amount with the Corporate Debtor. The COC was of the opinion that even if the Resolution Applicant is a Financial Creditor, they will have to adhere with the requirements stated in RFRQ and submit the EMD. k. The CIRP started on 19th September 2022 and the period of 180 had ended on 19th March 2023. The COC in its 5th meeting held on 23 March 2023 resolved to seek extension of CIRP
Division Bench, (Court-II), Kolkata IA (IB) (Plan)No. 3/ (KB) /2024 In CP(IB) No. 106/( KB) /2021 period by 90 days with 84% voting. The CIRP was extended by 90 days vide an order dated 16th May 2023. l. During the 6th COC meeting held on 23rd June 2023, the Resolution Plan submitted by Oriclean Private Limited was rejected and it was decided to invite Sikkim Organics to discuss on their Resolution Plan. m.The Confidentiality Agreement was shared by the COC on 24th June, 2023 and the soft copy of the Compliance Report of the RP and the liquidation value was shared with the COC members on 24th June, 2023. The Confidentiality Agreement was shared only by UCO Bank and SIDBI. It was requested to the other Financial Creditors to send the Confidentiality Agreement n. During the 7th COC meeting, Mr. Soumendra Podder, the representative of the Resolution Applicant was invited to the COC as a special invitee and after much discussion on the Resolution Plan, the Resolution Applicant was suggested to substantially increase the amounts payable in the Plan to enable a successful resolution and to submit the amended resolution plan within a week. o. The 8th COC meeting was held on 11th August 2023 where the Resolution Professional informed that no completed ballots has been received by him after repeated reminder and calls. The commercial viability of the Resolution Plan was also discussed at length. p. The Resolution Applicant Sikkim Organics further sent a letter dated 14th August 2023 confirming that that they will pay an interest of 8% to Financial Creditors for payment beyond 60 days and they will bear the cost incurred by the Monitoring Committee. q. The Resolution Applicant further sent a letter dated 28th September 2023 stating that the payment that was being made
Division Bench, (Court-II), Kolkata IA (IB) (Plan)No. 3/ (KB) /2024 In CP(IB) No. 106/( KB) /2021 to the Financial Creditors is increased by Rs. 10 Lakhs. The total payment being made to the Financial Creditor is Rs. 170 Lakhs as opposed to the previous proposed payment of Rs. 160 Lakhs. r. The Resolution Plan submitted by Sikkim Organics was approved by the COC Members by a vote of 84% in the ballot voting held and conducted by the Resolution Professional by sending the Voting Ballots to the Financial Creditors after the 8th COC meeting held on 11th August 2023 vote in favour of the Resolution Plan. s. The Resolution Professional has issued a Letter of Intent to the successful Resolution Applicant M/S Sikkim Organics on 20th December 2023. The successful Resolution Applicant has accepted the Letter of Intent on December 20th, 2022 by endorsing his unconditional acceptance on the Letter of Intent. t. The successful Resolution Applicant has deposited a sum of Rs. 15,00,000/- as Performance Security on 18th January 2024. u. The Resolution Professional (RP) also confirmed that he has not found any preferential Transactions under Section 43, Under valued Transactions under Section 45, extortionate transactions under Section 50 and fraudulent transactions under Section 66 on record. v. It is further submitted that an Affidavit under Section 29A of the Code was submitted by the Resolution Applicant which showed that they are not ineligible to submit a resolution plan. w. Ld. Counsel for the Resolution Professional states that the SRA, in the Resolution Plan proposed to pay interest @8% to the Financial Creditor on the payment to be made to them beyond 60 days from the date of the approval of the Resolution Plan and the same is attached to the Plan Application as annexure – N.
Division Bench, (Court-II), Kolkata IA (IB) (Plan)No. 3/ (KB) /2024 In CP(IB) No. 106/( KB) /2021 x. Ld. Counsel for the Resolution Professional states that the details of the amount claimed by Creditors and amount admitted therein are annexed with the Resolution Plan and the same is placed below:
Category of Amount Amount Amount Percentage Stakeholder Claimed Admitted provided under (%) of the Resolution Amount Plan provided to the Amount Claimed Secured 17,30,85,214 17,30,85,214 1,70,00,000 9.82% Financial Creditor Unsecured 12,64,329 12,64,329 12643 0.99% Financial Creditor Operational 26,06,399 26,06,399 26,030 1% Creditors y. Ld. Counsel for the Resolution Professional has also confirms that the RP has not found any preferential transactions under Section 43, under valued Transactions under Section 45, extortionate transactions under Section 50 and fraudulent transactions under Section 66 on record. 6. The Successful Resolution Applicant namely M/S Sikkim Organics, submitted on 15.03.2023, has provided for a total plan value for the Corporate Debtor of Rs. 2,86,17,013/- (Rs. 1,85,42,013/- to be paid to the Creditors of the Corporate Debtor and an amount of Rs. 1,00,75,000/- including contingent liability fresh investment. The SRA has further clarified vide its letter dated
Division Bench, (Court-II), Kolkata IA (IB) (Plan)No. 3/ (KB) /2024 In CP(IB) No. 106/( KB) /2021 11.09.2023 that additional payment of Rs. 10,00,000/- proposed to the Secured Financial Creditor shall be paid with the last instalment under the Resolution Plan. Therefore, the SRA proposed payment of Rs. 1,70,00,000/- to the Secured Financial Creditor. The amounts claimed, amount admitted and the distribution proposal in the Resolution Plan are as under: (Amount in INR) Sr. Category Due Amount Upfront Payment Payment Payment Payment Total No. of payment within 6 within 12 within 18 within 24 Creditor within 60 months months months months days 1. Insolvenc 15,00,000 15,00,000 15,00,000 y Resolutio n Process Cost 2. Operation 26,03,059 26,030 26,030 al Creditor (other than governme nt dues) 3. Workers 3,340 3,340 0 0 0 3,340 Liability including PF dues (ESIC dues) 4. Financial 17,30,85,214 40,00,000 30,00,000 30,00,000 30,00,000 40,00,000 1,70,00,000 Creditor- Secured 5. Financial 12,64,329 12,643 0 0 0 0 12643 Creditor- Unsecure d 6. Continge 8,52,69,217 25,75,000 25,00,000 25,00,000 25,00,000 0 1,00,75,000 nt Liability (Including WBDIC and fresh investme nt in CD for revival 7. Total – A 26,37,25,159 81,17,013 55,00,000 55,00,000 55,00,000 30,00,000 2,86,17,013 (1+2+3+4 +5+6)
Division Bench, (Court-II), Kolkata IA (IB) (Plan)No. 3/ (KB) /2024 In CP(IB) No. 106/( KB) /2021 7. -Synopsis of mandatory Provisions / Sections / Regulations and their compliance are as under: Sl. Provisions Requirement Compliance No. established A. For Resolution Applicant 1) 25(2)(h) The Resolution Applicant Yes. must meet the criteria Clause 1.10, 1.11, approved by the CoC 1.12 & 1.13 of the having regarding to the Resolution Plan complexity and scale of operations of business of the CD. 2) Section 29A The Resolution Applicant Yes, The Resolution must be eligible to submit Professional has resolution plan. received affidavit dated 21.03.2023 for stating and affirming that RA is eligible to submit the Resolution Plan u/s 29A of the IBC, 2016. 3) Section 30 (1) The Resolution Applicant Yes, Appendix 11 of must submit an affidavit Resolution Plan stating that it is eligible. B. For Resolution Plan 1. Section 30 The Resolution Plan must Yes, Clause 5.1 of (2)(a) provide for the payment of Resolution Plan CIRP costs.
Division Bench, (Court-II), Kolkata IA (IB) (Plan)No. 3/ (KB) /2024 In CP(IB) No. 106/( KB) /2021 Sl. Provisions Requirement Compliance No. established 2. Section 30 (2) The Resolution Plan must Yes, Clause 5.5 of (b) provide for the payment to the Resolution Plan. the Operational Creditors. 3. Section 30 The Resolution Plan Must Yes, Clause 5.4 of (2)(c ) provide for the payment to the Resolution Plan. the Financial Creditors who did not vote in favour of the Resolution Plan. 4. Section 30 (2) The Resolution Plan must Yes, Clause 5.2 of (d) provide for the the Resolution Plan. management of the affairs of the corporate debtor. 5. Section 30 (2) The Resolution Plan must Yes, Clause 5.11 & (e ) provide for the 5.12 of the Resolution implementation and Plan. supervision of the resolution plan. 6. Section 30 (2) The Resolution Plan NA (f) should not contravene any of the provisions of the law for the time being in force. 7. Section 30 (4) The Resolution Plan is Yes. (a) feasible and viable, according to the CoC. 8. Section 30 (4) The Resolution Plan has Yes, the same has
Division Bench, (Court-II), Kolkata IA (IB) (Plan)No. 3/ (KB) /2024 In CP(IB) No. 106/( KB) /2021 Sl. Provisions Requirement Compliance No. established (b) been approved by the CoC been passed by CoC with 66% voting share. with 84% voting. 9. Section 31(1) The Resolution Plan must Yes, Clause 5.11 and provide provisions for its 5.12 of the Resolution effective implementation Plan. plan, according to the CoC. 10. Regulation Whether the Resolution Yes, Clause 5.13 on 35A Professional made a page 7 determination if the corporate debtor 11. Regulation 38 The amount due to the Yes, Clause 5.4 of the (1) operational creditors Plan. under the resolution plan has been given priority in payment over financial creditors. 12. Regulation The resolution plan Yes, Clause 5.4 of the 38(1A) includes a statement as to Resolution Plan. how it has dealt with the interests of all stakeholders. 13. Regulation (i) Whether the NO. 38(1B) Resolution Clause 5.17 of the Applicant or any Plan of the of its related Resolution Plan. parties has failed
Division Bench, (Court-II), Kolkata IA (IB) (Plan)No. 3/ (KB) /2024 In CP(IB) No. 106/( KB) /2021 Sl. Provisions Requirement Compliance No. established to implement or contributed to the failure of implementation of any resolution plan approved under the Code.
(ii) If, so whether the Resolution NA Applicant has submitted the statement giving details of such non-implementation? 14. Regulation 38 The Resolution Plan must Yes, Clause 5.11 of (2)(a) provide for the term of the the Resolution Plan. plan and its implementation schedule. 15. Regulation 38 The Resolution Plan must Yes, Clause 5.2 and (2)(b) provide for the Clause 5.6 of the management and control Resolution Plan at of the business of the page 16 states corporate debtor during proposals for its term. operating restructuring.
Division Bench, (Court-II), Kolkata IA (IB) (Plan)No. 3/ (KB) /2024 In CP(IB) No. 106/( KB) /2021 Sl. Provisions Requirement Compliance No. established 16. Regulation 38 The Resolution Plan must Yes, Clause 5.11 on (2)(c ) have adequate means of page 17 discusses the supervising its means for supervising implementation provision. its implementation. 17. Regulation 38 The Resolution Plan Yes. (3)(a) should demonstrate that Clause 5.5, 5.6, 5.7 it addresses the cause of and 5.8 on page 16 default. discusses about 18. Regulation 38 The Resolution Plan financial, operational (3)(b) should demonstrate that and capital it is feasible and viable. restructuring. 19. Regulation 38 The Resolution Plan must (3)(c ) demonstrate that it has provisions for its effective implementation. 20. Regulation 38 The Resolution Plan must Yes, Clause 5.9 (3)(d) demonstrate that it has provisions for approvals required and the timeline for the same. 21. Regulation 38 The Resolution Plan must Yes, Clause 5.15 (3)(e ) demonstrate that the resolution Applicant has the capability to implement the Resolution Plan.
Division Bench, (Court-II), Kolkata IA (IB) (Plan)No. 3/ (KB) /2024 In CP(IB) No. 106/( KB) /2021 Sl. Provisions Requirement Compliance No. established C. For Resolution Professional 22. Regulation 39 The Resolution Yes, the RP has not (2) Professional should file filed any application applications in respect of before this transactions observed, Adjudicating found or determined by Authority for him. fraudulent transactions under section 66 of the Code. 23. Regulations 39 The Resolution Yes. Provided by (4) Professional must provide Resolution Applicant details of performance security received, as referred to in sub-regulation (4A) of regulation 36B.
8. A bare perusal of the extracts / excerpts from the Plan establishes that the Resolution Plan has been approved with 84% voting share. As per the CoC, the plan meets the requirement of being viable and feasible for revival of the Corporate Debtor. By and large, all the compliances have been done by the RP and the Resolution Applicant for making the plan effective after its approval. 9. On perusal of the documents on record, supported by an affidavit of the Resolution Professional, we accord our satisfaction that the Resolution Plan as approved by the CoC, is in accordance with sections 30 and 31 of the IBC and also comply with regulations 38
Division Bench, (Court-II), Kolkata IA (IB) (Plan)No. 3/ (KB) /2024 In CP(IB) No. 106/( KB) /2021 and 39 of the IBBI (Insolvency Resolution Process for Corporate Persons) Regulations, 2016, as enumerated supra. 10. We have also considered whether the reliefs, waivers and concessions have been sought for and as such given in the Resolution Plan. However the Plan mentions none. We would note that this Adjudicating Authority has power to grant reliefs, waivers and concessions only with respect to the reliefs, waivers and concessions that are directly in relation to the Code and the Companies Act 2013 (within the powers of the NCLT), and these are granted keeping in mind the object of the Code. No reliefs, waivers and concessions that fall within the domain of other government department/authorities are granted. However, The reliefs, waivers and concessions that pertain to other governmental authorities/departments may be dealt with the respective competent authorities/forums/offices, Government or Semi Government of the State or Central Government with regard to the respective reliefs, waivers and concessions whenever sought for.
11. It is almost trite and fairly well settled that the Resolution Plan must be consistent with the extant law. The Resolution Applicant shall make necessary applications to the concerned regulatory or statutory authorities for renewal of business permits and supply of essential services, if required, and all necessary forms along with filing fees etc. and such authority shall also consider the same keeping in mind the objectives of the Code, which is essentially the resolving of the insolvency of the Corporate Debtor. 12. The reliefs sought with respect to subsisting contracts/agreements can be granted, and no blanket orders can be granted in the absence of the parties to the contracts and agreements. 13. With respect to the waivers with regard to extinguishment of claims which arose Pre-CIRP and which have not been claimed are granted in terms of Ghanashyam Mishra and Sons Private Limited vs. Edelweiss Asset Reconstruction Company Limited reported in Division Bench, (Court-II), Kolkata IA (IB) (Plan)No. 3/ (KB) /2024 In CP(IB) No. 106/( KB) /2021 MANU/SC/0273/2021: (2021)9SCC657: [2021]13SCR737, wherein the Hon’ble Apex Court has held that “once a resolution plan is duly approved by the Adjudicating Authority under sub-section (1) of section 31, the claims as provided in the resolution plan shall stand frozen and will be binding on the Corporate Debtor and its employees, members, creditors, including the Central Govt., any State Govt. or any local authority, guarantors and other stakeholders…” 14. In this regard we also rely on the judgement of Hon’ble High Court of Rajasthan in the matter of EMC v. State of Rajasthan, Civil Writ Petition No. 6048/2020 with 6204/2020 reported in (2023) ibclaw.in 42 HC wherein it has been inter-alia held that “Law is well-settled that with the finalization of insolvency resolution plan and the approval thereof by the NCLT, all dues of creditors, Corporate, Statutory and others stand extinguished and no demand can be raised for the period prior to the specified date.” 15. Thus on the date of approval of resolution plan by the Adjudicating Authority, all such claims, which are not a part of resolution plan, shall stand extinguished and no person will be entitled to initiate or continue any proceedings in respect to a claim, which is not part of the resolution plan as per the law laid down by the Hon’ble Supreme Court in Ghanashyam Mishra supra..
The Hon’ble Supreme Court also held that all the dues including the statutory dues owed to the Central Govt, any State Govt or any local authority, if not part of the resolution plan, shall stand extinguished and no proceedings in respect of such dues for the period prior to the date on which the Adjudicating Authority grants its approval under section 31 could be continued. 16. With respect to the waivers sought in relation to guarantors, we seek to place reliance on the judgment of Lalit Kumar Jain v. Union of India reported in MANU/SC/0352/2021: (2021) 9 SCC 321: (2021) ibclaw.in 61 SC, wherein the Hon’ble Supreme Court held in Division Bench, (Court-II), Kolkata IA (IB) (Plan)No. 3/ (KB) /2024 In CP(IB) No. 106/( KB) /2021 para 133 that sanction of a resolution plan and finality imparted to it by section 31 does not per se operate as a discharge of the guarantor’s liability shall apply. 17. With respect to the reliefs and waivers sought for all inquiries, litigations, investigations and proceedings shall be granted strictly as per the section 32A of the Code and the provisions of the law as may be applicable.
18. As far as the question of granting time to comply with the statutory obligations/seeking sanctions from governmental authorities is concerned, the Resolution Applicant is directed to do the same within one year as prescribed under section 31(4) of the Code. 19. In case of non-compliance of this order or withdrawal of Resolution Plan, the CoC shall have the right to forfeit the EMD amount already paid by the Resolution Applicant. 20. Subject to the observations made in this Order, the Resolution Plan in question is hereby APPROVED by this Bench. The Resolution Plan shall form part of this Order. 21. The Resolution Plan is binding on the Corporate Debtor and other stakeholders involved so that revival of the Debtor Company shall come into force with immediate effect. 22. The Moratorium imposed under section 14 shall cease to have effect from the date of this order. 23. The Resolution Professional shall submit the records collected during the commencement of the proceedings to the Insolvency & Bankruptcy Board of India for their record and also return to the Resolution Applicant or New Promoters.
24. Certified copy of this Order be issued on demand to the concerned parties, upon due compliance. 25. Liberty is hereby granted for moving any Application if required in connection with implementation of this Resolution Plan.
Division Bench, (Court-II), Kolkata IA (IB) (Plan)No. 3/ (KB) /2024 In CP(IB) No. 106/( KB) /2021 26. A copy of this Order is to be submitted in the Office of the Registrar of Companies, West Bengal.
27. We find that there is a haircut of 90% for financial creditors and 99% for operational creditors and unsecured financial creditors. 28. Against Rs. 17.30 crore to secured financial creditors, only Rs. 1.70 crore has been proposed in the plan. Against Rs. 26.03 lakh due to Operational Creditors, only Rs. 0.26 lakh has proposed in the plan. Against Rs. 12.64 lakh due to unsecured financial creditors, only Rs. 0.12 lakh has been proposed. 29. Considering the haircuts mentioned above, we find that the resolution professional has not given any basis for not initiating PUFE application. The resolution professional did not bring on record any transaction audit report to substantiate his inaction of not filing any PUFE application. 30. Hence, although we approve the plan, we direct the CoC to appoint a transaction auditor and take action on PUFE applications based on the report of transaction audit. Copy of the transaction audit report may be submitted to this Court. 31. It is not on record that whether the Financial Creditors have invoked Personal Guarantees or not. It is essential for the purpose of maximization for wealth of the Corporate Debtor, personal guarantees need to be invoked. Therefore, we direct the Financial Creditors to invoke Personal Guarantees, if not already done. 32. The Resolution Professional may stand discharged from his duties with effect from the date of this Order, however, he is required to comply with our direction mentioned in Para 30 of the order subject to comply the direction, which the creditors should bear in mind. 33. The Resolution Professional shall stand discharged from his duties with effect from the date of this Order.
Division Bench, (Court-II), Kolkata IA (IB) (Plan)No. 3/ (KB) /2024 In CP(IB) No. 106/( KB) /2021 34. The Resolution Professional is further directed to handover all records, premises/factories/documents to the Resolution Applicant to finalise the further line of action required for starting of the operation. The Resolution Applicant shall have access to all the records/premises/factories/documents through the Resolution Professional to finalise the further line of action required for starting of the operation. 35. The Registry is directed to send e-mail copies of the order forthwith to all the parties and their Ld. Counsel for information and for taking necessary steps. 36. The Interlocutory Application being IA (IBC) (PLAN)/3(KB)/2024 along with main Company Petition vide CP(IB) 106(KB) /2021 shall stand disposed of accordingly. 37. Certified copy of this order may be issued, if applied for, upon compliance of all requisite formalities.
D. Arvind Bidisha Banerjee, Member (Technical) Member (Judicial)
Signed on this, the 30thday of October, 2024
M. Jana(P.S.)
This page reproduces a public judgment and a summary of it. It is research material, not legal advice, and it is no substitute for advice from an advocate on your own facts.
Research this judgment with Miss Lucy
Ask what it holds, what has followed it, and what it means for your matter — in plain English, with the citations.
Try Miss Lucy free