Approval of Resolution Plan - Shree Geeta Textile Mills Pvt. Ltd.
- CitationIA(Plan)/7(MP)2025 in CP(IB)/48(MP)2023
Ratio decidendi
The rule this decision rests on
The Adjudicating Authority may approve a resolution plan under Section 30(6) only where the plan satisfies the requirements of Section 30(2), including payment of CIRP costs in priority to other debts, payment to operational creditors of not less than the liquidation value, and payment to dissenting financial creditors of not less than their liquidation value, together with the management, implementation and non-contravention requirements of that provision, and where the plan and the process comply with the CIRP Regulations, including Regulation 38. Where the Section 53 waterfall applied to the liquidation value leaves nothing attributable to operational creditors, the liquidation floor for operational creditors is nil, and a proposed payment above that floor satisfies Section 30(2)(b)(i); the Income Tax Department's objection that the payment was arbitrary is therefore not sustainable. Reliefs, concessions and waivers sought in a resolution plan take effect only to the extent permitted by law and approved by the authorities concerned, and any relief not specifically granted in the order, or not permissible under the Code and Regulations or the applicable precedents, is deemed denied. Carry forward of losses and unabsorbed depreciation is governed by the Income Tax Act, 1961, and the approval of the plan does not itself determine the tax consequences, which remain open to examination by the Income Tax Department.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
PRONOUNCEMENT OF ORDER Delivered on 08/04/2026 The case is fixed for pronouncement of the order. The order is pronounced in open Court vide separate sheet.
Sd/- Sd/- MAN MOHAN GUPTA BRAJENDRA MANI TRIPATHI MEMBER (TECHNICAL) MEMBER (JUDICIAL)
NCLT INDORE BENCH IA (Plan) No. 07 of 2025 in CP/IB/48/2023 Order dated 08.04.2026 BEFORE THE NATIONAL COMPANY LAW TRIBUNAL INDORE BENCH IA (Plan) No. 07 of 2025 IN CP/IB/48/2023 [Under Section 30(6) of the Insolvency and Bankruptcy Code, 2016 for approval of the Resolution Plan] In the matter of: Nishant Agarwal Resolution Professional of Shree Geeta Textiles Mills Private Limited Having address at: 405, Amar Residency, Survey No. 1264/1/2, Eastern Ring Road, Gram Khajrana, Near Mayur Hospital, Indore, Madhya Pradesh, 452016 Email: nishantagarwalca@gmail.com ...Applicant Versus Income Tax Department Through Principal Commissioner A0 No. 93, Range Code 61, 8688+4PR, Lalbagh Rd, State Bank Colony, Burhanpur, Madhya Pradesh, 450331 Email: burhanpur.ito@incometax.gov.in …Respondent
C O R A M:
HON’BLE SH. BRAJENDRA MANI TRIPATHI, MEMBER (J) HON’BLE SH. MAN MOHAN GUPTA, MEMBER (T)
Order Pronounced on 08.04.2026
NCLT INDORE BENCH IA (Plan) No. 07 of 2025 in CP/IB/48/2023 Order dated 08.04.2026 Appearance: For the Applicant : Mr. Nipun Singhvi, Ld. Advocate a.w. Mr. Mayur Jugtawat, Ld. Advocate For the Respondent : Mr. Harsh Parashar, Ld. Advocate a.w. Ms. Yashika Bondwal, Ld. Advocate
JUDGEMENT 1. The present Application has been filed by Mr. Nishant Agrawal, Resolution Professional (hereinafter referred to as ‘RP’ or ‘Applicant’) of M/s Shree Geeta Textiles Mills Private Limited (hereinafter referred to as ‘Corporate Debtor’ or ‘CD’) on 12.12.2025, under Section 30(6) read with Section 31 of the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as ‘IBC’ or ‘the Code’) seeking approval of the Resolution Plan submitted by M/s Indo Global Share Broking Private Limited (hereinafter referred to as ‘SRA’ or ‘Successful Resolution Applicant’) in respect of the Corporate Debtor. 2. The Application is filed before this Adjudicating Authority in C.P. (IB) No. 48 of 2023, which is the main Company Petition under Section 7 of the Code filed by Bank of India (Financial Creditor) against the Corporate Debtor. The Income Tax Department, Burhanpur, has been made a party-respondent in this Application specifically on account of the proposed carry forward and set-off of losses under Section 79(2)(c) of the Income Tax Act, 1961, as the change in shareholding of the Corporate Debtor would occur pursuant to the approval of the Resolution Plan.
NCLT INDORE BENCH IA (Plan) No. 07 of 2025 in CP/IB/48/2023 Order dated 08.04.2026 BRIEF FACTS OF THE CASE A. Initiation of CIRP 3. The Corporate Debtor, M/s Shree Geeta Textiles Mills Private Limited, is a private limited company incorporated on 30.07.2008 under the Companies Act, 1956, having its registered office at 295/2, Gram Amagird, Alamganj, Ganpati Naka, Burhanpur, Madhya Pradesh – 450331, bearing Corporate Identity Number (CIN) U17309MP2008PTC020987. The Corporate Debtor is registered with the Registrar of Companies, Gwalior, and was engaged in the business of manufacturing of knitted and crochted fabrics and articles. The Corporate Debtor is also a registered MSME vide UDYAM-MP-07-0017334 dated 01.01.2025. 4. The Corporate Debtor availed various financial facilities to the tune of Rs. 58.71 crores from the consortium of Bank of India and Bank of Baroda. Since the Corporate Debtor defaulted in payment of interest & principal amount, the account of Corporate Debtor was classified as Non-Performing Asset (hereinafter referred to as ‘NPA’) by both the lenders on 31.03.2019. 5. Later on, Bank of India filed a petition under Section 7 of the IBC, 2016, before this Hon'ble Tribunal on 07.06.2023. The said petition was admitted by this Adjudicating Authority vide Order dated 13.11.2024 in C.P. (IB) No. 48 of 2023, thereby commencing the CIRP against the Corporate Debtor. By the same order, Ms. Chaya Gupta (IBBI Registration No.
NCLT INDORE BENCH IA (Plan) No. 07 of 2025 in CP/IB/48/2023 Order dated 08.04.2026 IBBI/IPA-002/N-00984/2020-2021/13133) was appointed as the Interim Resolution Professional (hereinafter referred to as ‘IRP’). 6. Pursuant to initiation of CIRP and in compliance with Sections 13 and 15 of the IBC, the IRP issued a Public Announcement in Form-A on 16.11.2024, published in Times of India (English) and New Duniya (Hindi), calling upon creditors to submit their claims. 7. After collation and verification of claims, the IRP constituted the Committee of Creditors (CoC) on 05.12.2024. The list of creditors and CoC constitution report was filed before this Adjudicating Authority on 07.12.2024 vide IA No. 509(MP)/2024, which was taken on record on 10.12.2024. The 1st CoC Meeting was held on 12.12.2024. 8. In the 2nd CoC Meeting held on 30.12.2024, the CoC resolved to replace the IRP with CA Nishant Agrawal as the Resolution Professional (86.31% voting share in favour). This Hon'ble Tribunal, vide Order dated 05.02.2025, appointed CA Nishant Agrawal (IBBI Registration No. IBBI/IPA-001/IP-P-02100/2020-2021/13283) as Resolution Professional in place of Ms. Chaya Gupta.
B. Final List of Creditors — Composition and Voting Share
9. The complete details of all creditors, category-wise, are set out hereinbelow:
(a) Secured Financial Creditors (Members of CoC)
NCLT INDORE BENCH IA (Plan) No. 07 of 2025 in CP/IB/48/2023 Order dated 08.04.2026 S.No Name of Amount Amount Voting. Financial Claimed (Rs.) Admitted (Rs.) Share Creditor (%)
1. Bank of India 66,47,46,849.00 65,70,04,849.72* 82.27% 2. Bank of Baroda 10,53,99,269.00 10,53,99,269.00 13.20% TOTAL 77,01,46,118.0 76,24,04,118.7 95.47% 0 2 *Note: The admitted claim of Bank of India of Rs. 65,70,04,849.72/-included a contingent claim of Rs. 89,90,000/- in respect of uninvoked and unexpired Bank Guarantees. (b) Unsecured Financial Creditors (Members of CoC) S.No. Name of Financial Amount Amount Voting Creditor Claimed (Rs.) Admitted (Rs.) Share (%) 1. Aditya Chamaria 21,49,251.00 11,19,178.00 0.14% 2. Sashi Chamaria 21,93,919.00 13,19,945.00 0.16% 3. Amit Mittal 29,70,571.00 17,04,573.00 0.21% 4. Bhagvati Devi 6,99,080.00 3,00,000.00 0.04% Rungta 5. Nitin Pardeep Jalan 84,15,635.00 59,54,125.00 0.74% (HUF) 6. Akansha Mittal 29,70,571.00 17,04,573.00 0.21% 7. Seema Mittal 1,02,67,863.0 58,91,907.00 0.74% 0 8. Om Prakash 51,48,647.00 30,00,000.00 0.38% Agarwal 9. The Lakhotia 1,45,71,678.0 99,53,400.00 1.25% Textiles Pvt. Ltd. 0
NCLT INDORE BENCH IA (Plan) No. 07 of 2025 in CP/IB/48/2023 Order dated 08.04.2026 10. Artm oss Sales Pvt. 17,43,421.00 10,00,000.00 0.13% Ltd. 11. Dun stan Tie-Up 74,95,373.00 42,70,000.00 0.53% Pvt. Ltd. TOTAL 5,86,26,009.0 3,62,17,701.0 4.53% 0 0 (c) Operational Creditors — Government Dues
S. Name of Total Total Contingent / Not No. Operational Claimed (Rs.) Admitted Admitted (Rs.) Creditor (Govt. (Rs.) Dept.) 1. Employee 19,05,850.00 19,05,850.00 Nil Provident Fund Organisation (EPFO) 2. GST 3,39,04,784.0 3,28,54,439.0 10,50,345.00 Department 0 0 3. Customs 5,91,29,253.0 5,91,29,253.0 Nil Department 0 0 4. Income Tax 38,14,42,727. Nil 38,14,42,727.00 Department 00 (Contingent) 5. Director 14,44,98,965. 14,44,98,965. Nil General of 00 00 Foreign Trade (DGFT) TOTAL 62,08,81,57 23,83,88,50 38,24,93,072.00 9.00 7.00 (d) Operational Creditors — Other Than Government Dues
NCLT INDORE BENCH IA (Plan) No. 07 of 2025 in CP/IB/48/2023 Order dated 08.04.2026 S. No. Name of Operational Creditor Total Claimed Total (Rs.) Admitted (Rs.) 1. Madhya Pradesh Paschim 81,24,758.00 81,24,758.00 Kshetra Vidyut Vitaran Company Limited (MPPKVVCL)
TOTAL 81,24,758.00 81,24,758.00
C. Valuation of Assets of the Corporate Debtor
10. In compliance with Regulation 27 of the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 (hereinafter ‘CIRP Regulations’), the IRP appointed three (3) registered valuers on 30.12.2024 for determination of the Fair Value and Liquidation Value of all classes of assets of the Corporate Debtor. 11. The valuers conducted the valuation of assets based on physical inspection and verification of records, and submitted their independent valuation reports within the prescribed timelines. i. Valuation of Land and Building: The following table sets out the findings of the registered valuers with respect to Land and Building:
Name of Registered Total Fair Value (Rs.) Total Liquidation Value Valuer (Rs.) M/s GN Fair Rs. 11,88,10,000.00 Rs. 8,31,67,000.00 Valuation Pvt. Ltd.
NCLT INDORE BENCH IA (Plan) No. 07 of 2025 in CP/IB/48/2023 Order dated 08.04.2026 Shri Vaneet Bhatia - M/s Valsight Rs. 12,05,82,860.00 Rs. 9,64,66,287.00 Advisors Pvt. Ltd. Average Rs. 11,96,96,430.00 Rs. 8,98,16,643.50.00 ii. Valuation of Plant and Machinery: The following table sets out the findings of the registered valuers with respect to Plant and Machinery:
Name of Registered Total Fair Value (Rs.) Total Liquidation Value Valuer (Rs.) M/s GN Fair Rs. 19,24,48,000.00 Rs. 14,43,48,000.00 Valuation Pvt. Ltd. Shri Vaneet Bhatia __ __ M/s Valsight Rs. 17,95,28,931.00 Rs. 13,82,70,819.00 Advisors Pvt. Ltd. Average Rs. 18,59,88,465.50 Rs. 14,13,09,409.50 iii. Valuation of Securities and Financial Assets: The following table sets out the findings of the registered valuers with respect to Securities and Financial Assets (SFA):
Name of Registered Total Fair Value (Rs.) Total Liquidation Valuer Value (Rs.) M/s GN Fair Valuation __ __ Pvt. Ltd.
NCLT INDORE BENCH IA (Plan) No. 07 of 2025 in CP/IB/48/2023 Order dated 08.04.2026 Shri Vaneet Bhatia Rs. 3,65,17,648.00 Rs. 3,06,00,280.00 M/s Valsight Advisors Rs. 3,65,66,121.00 Rs. 3,06,35,181.00 Pvt. Ltd. Average Rs. 3,65,41,884.50 Rs. 3,06,17,730.50 iv. Summary of Valuation: The RP has placed on record the Summary of Valuation in the following form, which sets out the average values and the difference between Fair Value and Liquidation Value for each asset class
Asset Class Difference in % Average Value (HV-LV)/HV
Fair Liquidati Fair Liquidation Value Value on Value Value (LV1+LV2)/2 (FV1+F V2)/2 Land & 1.47% 14% 11,96,96,430.00 8,98,16,643.50 Building Plant & 6.71% 4% 18,59,88,465.50 14,13,09,409.50 Machinery Securities & 0.13% 0% 3,65,41,884.50 3,06,17,730.50 Financial Assets Total 34,22,26,780.00 26,17,43,783.50
12. Accordingly, the Fair Value of the Corporate Debtor is Rs. 34,22,26,780/- (Rupees Thirty-Four Crores Twenty-Two Lakhs Twenty-Six Thousand Seven Hundred and Eighty Only). The Liquidation Value of the Corporate Debtor,
NCLT INDORE BENCH IA (Plan) No. 07 of 2025 in CP/IB/48/2023 Order dated 08.04.2026 determined on the same basis, is Rs. 26,17,43,783.50/- (Rupees Twenty- Six Crores Seventeen Lakhs Forty-Three Thousand Seven Hundred Eighty- Three and Fifty Paise Only).
D. Meetings of the Committee of Creditors: 13. The chronological record of all 29 CoC meetings, is produced hereunder:
CoC Date Important Points / Decisions / Business Meeting Transacted No. 1st 12.12.2024 Commencement of CIRP briefed. Public announcement, freezing of bank accounts, taking possession of assets with videography, communications with statutory authorities, admission of claims, and constitution of the CoC discussed. 2nd 30.12.2024 CoC resolved (86.31% voting share) to replace the IRP with CA Nishant Agrawal as RP. 3rd 09.01.2025 Draft Form-G and draft EOI placed for discussion. (Orig. Selection of newspapers, advertisement cost, 07.01.2025) eligibility conditions relating to EMD and net worth discussed. Publication cost directed to be placed for e-voting. Additional eligibility criteria relating to turnover and net worth proposed to be finalised later. 4th 24.01.2025 Form-G published on 12.01.2025. EMD details shared with PRAs. Quotations from transaction auditors received; CoC instructed to obtain revised quotes for both full-period and two-year transaction audit. 6th 04.03.2025 CoC approved the Request for Resolution Plan (RFRP) and the Evaluation Matrix setting formal
NCLT INDORE BENCH IA (Plan) No. 07 of 2025 in CP/IB/48/2023 Order dated 08.04.2026 criteria for assessment of all PRAs plans. Transaction Auditor fee cap also finalised. 8th 17.04.2025 Final Transaction Audit Report placed — identified potential avoidance transactions of approx. Rs. 68.11 crores. RP directed to file Section 66 IBC application. Income-tax refund adjustment during moratorium discussed. 12th 14.05.2025 Plans of M/s Artmoss Sales Pvt. Ltd. and M/s Indo Global Share Broking Pvt. Ltd. (First Run) evaluated under Evaluation Matrix and BOTH REJECTED by e-voting. 13th- 26.05.2025 CoC unanimously resolved to re-run CIRP. PAN- 14th & India publication strategy approved. Refund of 29.05.2025 earlier EMDs approved. 16th 12.06.2025 Revised RFRP and Evaluation Matrix for Second Run approved by e-voting. Updated claims finalised. 24-hour short notice for CoC meetings approved. 19th 21.07.2025 Eight PRAs submitted plans with EMDs of Rs. 25 lakh each. Plans opened in presence of all PRAs. Three PRAs withdrew. Commencement of evaluation and due diligence phase of the Second Run. 24th 26.09.2025 RP confirmed all eight revised plans compliant under RFRP and Section 30(2) IBC. CoC adopted Challenge Mechanism under Regulation 39(1A) for value maximisation. Higher NPV as tie-breaker. CIRP extension to 330 days approved. Strategically decisive meeting. 25th 04.10.2025 Detailed process note for Challenge Mechanism finalised with CoC modifications. RP authorised to carry out changes and circulate to all PRAs. Online
NCLT INDORE BENCH IA (Plan) No. 07 of 2025 in CP/IB/48/2023 Order dated 08.04.2026 platform (M/s Linkstar Tech Solutions) selected for conduct of Challenge Mechanism. 26th 27.10.2025 Challenge Mechanism (17.10.2025, M/s Linkstar) concluded without any bids from any PRA. CoC confirmed compliance with Regulations 39(3), 39(3B), 39B, and 39D. All 8 plans placed for simultaneous e-voting (M/s Claim Bridge Technologies, 30.10-01.12.2025). 27th 04.12.2025 E-voting results: M/s Indo Global Share Broking Pvt. Ltd. APPROVED with 95.47%; all other 7 plans rejected (95.47% dissent). LOI issued on 02.12.2025. 28th 17.01.2026 The CoC resolved that IA/367(MP)2025 filed under Section 66 of the Code relating to avoidance transactions of approximately Rs. 68.11 Crores shall be pursued by Bank of India post-approval of the Resolution Plan, and any recoveries shall be distributed amongst the Secured Financial Creditors on a pro-rata basis. Further, IA/366(MP)2025 (filed against the Income Tax Department) and IA(I.B.C)-191/2025 (filed against MPPKVVCL) shall be pursued during implementation by the Monitoring Committee and thereafter by the SRA. 29th 16.03.2026 The 29th CoC Meeting was convened pursuant to the order passed by this Adjudicating Authority on 10.03.2026, which had called upon the RP to address the Bench’s specific query regarding the SRA’s exposure to the textile industry and its plan to manage the textile business of the Corporate Debtor. Accordingly, Mr. Ankur Rastogi (Authorized Representative of Indo Global Share Broking Pvt. Ltd.) was invited as a Special Invitee. Mr. Rastogi presented a comprehensive Road Map for Revival of the Corporate Debtor before the CoC,
NCLT INDORE BENCH IA (Plan) No. 07 of 2025 in CP/IB/48/2023 Order dated 08.04.2026 which was acknowledged and reaffirmed by CoC members.
E. Expression of Interest, Form-G and Resolution Plan Process
14. The RP, pursuant to Regulation 36A of the CIRP Regulations, published Form-G (Invitation for Expression of Interest) for the first time on 12.01.2025. Two entities, M/s Artmoss Sales Private Limited and M/s Indo Global Share Broking Private Limited submitted their EoIs and Resolution Plans. However, after detailed evaluation, the CoC in its 12th Meeting held on 14.05.2025 rejected both plans through e-voting. 15. Following rejection, the CoC unanimously resolved to re-run the CIRP. Form-G was republished on 31.05.2025 in Times of India (English), Dainik Bhaskar (Hindi), and Business Standard (All-India). Pursuant thereto, eleven (11) entities submitted EoIs and eight (8) entities submitted compliant Resolution Plans along with EMDs of Rs. 25,00,000/- each by 18.07.2025. 16. The eight Prospective Resolution Applicants (hereinafter referred to as “PRAs”) who submitted compliant Resolution Plans were: (1) Mr. Anil Kedia; (2) M/s HR Commercial Private Limited; (3) M/s Indo Global Share Broking Private Limited; (4) M/s Le-Merite Exports Limited; (5) Ms. Monica Shah; (6) Mr. Pawan Agrawal; (7) M/s Riddhi Siddhi Cotex Private Limited; and (8) M/s Shriniwas Spintex Industries Private Limited. Three
NCLT INDORE BENCH IA (Plan) No. 07 of 2025 in CP/IB/48/2023 Order dated 08.04.2026 entities being Manglam Global Enterprise Limited, Resurgent India Limited, and KU Yarn Private Limited withdrew and their EMDs were refunded. 17. The RP opened the resolution plans in the presence of the CoC and PRAs in the 19th CoC Meeting held on 21.07.2025. The CoC raised concerns regarding low proposed values, extended payment timelines, funding capability, working capital commitments, waterfall compliance, and monitoring mechanism. Multiple rounds of negotiations were conducted in the 20th (06.08.2025), 21st (19.08.2025), and 22nd (25.08.2025) CoC Meetings. All eight PRAs were directed to submit fully revised and compliant plans by 12.09.2025. 18. In the 24th CoC Meeting held on 26.09.2025, the RP confirmed all eight revised plans compliant under RFRP and Section 30(2). The CoC resolved to adopt a Challenge Mechanism under Regulation 39(1A). The Challenge Mechanism was conducted on 17.10.2025 by M/s Linkstar Tech Solutions Private Limited (independent third-party service provider). The Challenge Mechanism concluded without any bids being placed by any PRA. 19. In the 26th CoC Meeting held on 27.10.2025, the CoC took note of the failure of the Challenge Mechanism, confirmed compliance with Regulations 39(3), 39(3B), 39B, and 39D, and resolved to place all eight plans for simultaneous voting under Section 30(4). Higher NPV was adopted as the tie-breaker criterion. E-voting was conducted through M/s Claim Bridge Technologies from 30.10.2025 to 01.12.2025.
NCLT INDORE BENCH IA (Plan) No. 07 of 2025 in CP/IB/48/2023 Order dated 08.04.2026 F. Approval of Resolution Plan by the Committee of Creditors
20. Upon conclusion of e-voting on 01.12.2025, the Resolution Plan of M/s Indo Global Share Broking Private Limited was approved by the CoC with a voting share of 95.47% in favour, far exceeding the mandatory threshold of 66% under Section 30(4) of the Code. All other seven plans were rejected with 95.47% dissent (4.53% absent/not voted). The e-voting results as certified by M/s Claim Bridge Technologies are summarised hereunder:
Assent Dissent Not S.No. PRA Name Result (%) (%) Voted Indo Global Share 4.53% 1 Broking Pvt. Ltd. 95.47% — APPROVED (SRA) 2 Anil Kedia — 95.47% 4.53% Rejected HR Commercial 4.53% 3 — 95.47% Rejected Private Limited 4 Monica Shah — 95.47% 4.53% Rejected Riddhi Siddhi 4.53% 5 — 95.47% Rejected Cotex Pvt. Ltd. Shriniwas Spintex 4.53% 6 — 95.47% Rejected Industries Pvt. Ltd. Le-Merite Exports 4.53% 7 — 95.47% Rejected Limited 8 Pawan Agrawal — 95.47% 4.53% Rejected
NCLT INDORE BENCH IA (Plan) No. 07 of 2025 in CP/IB/48/2023 Order dated 08.04.2026 21. The voting details for the approved Plan (M/s Indo Global Share Broking Pvt. Ltd.) at the 27th CoC Meeting, as per the e-voting report of Claim Bridge Technologies, are as follows:
Voting Creditor Assent Dissent Not Voted Share (%) Bank of India 82.27% 82.27% — — Bank of Baroda 13.20% 13.20% — — Akansha Mittal 0.21% — — 0.21% Amit Mittal 0.21% — — 0.21% Artmos Private Limited 0.13% — — 0.13% Dunston Tie Up Private 0.53% — — 0.53% Limited Om Prakash Agarwal 0.38% — — 0.38% Seema Mittal 0.74% — — 0.74% Bhagvati Devi Rungta 0.04% — — 0.04% Nitin Pradeep Jalan 0.74% — — 0.74% (HUF) Lakhotia Textiles Pvt. 1.25% — — 1.25% Ltd. Aditya Chamaria 0.14% — — 0.14% Sashi Chamaria 0.16% — — 0.16% TOTAL 100% 95.47% — 4.53%
NCLT INDORE BENCH IA (Plan) No. 07 of 2025 in CP/IB/48/2023 Order dated 08.04.2026 22. Pursuant to the CoC approval, the RP issued the Letter of Intent (LOI) to M/s Indo Global Share Broking Private Limited on 02.12.2025. The SRA was required to furnish a Performance Bank Guarantee equivalent to 10% of the Resolution Plan consideration, i.e., Rs. 3,02,10,000/- (Rupees Three Crores Two Lakhs Ten Thousand Only). The SRA submitted the unconditionally accepted copy of the LOI on 02.12.2025 and furnished Performance Bank Guarantee (BG No. 0006NDDG00366426) valid till 01.12.2026 with claim period up to 01.06.2027 23. The 27th CoC Meeting was held on 04.12.2025, wherein the CoC was apprised of the above developments and approved the appointment of counsel for filing the present Section 30(6) application. 24. The application was filed on 12.12.2025. For the purposes of the present proceedings, this Adjudicating Authority is treating 12.12.2025 as the effective date of filing of the present Application, being the date on which the requisite court fees/filing fees were paid by the Applicant, and the Application is accordingly held to be within the extended CIRP period of 330 days, the last date whereof was 12.12.2025. 25. During the pendency of the present Application, an Additional Affidavit dated 20.01.2026 was filed by the RP to place on record the Minutes of the 28th CoC Meeting held on 17.01.2026. The following resolutions were passed by the CoC by 95.47% voting share in the said Meeting:
NCLT INDORE BENCH IA (Plan) No. 07 of 2025 in CP/IB/48/2023 Order dated 08.04.2026 a) Bank of India shall pursue the avoidance application IA/367(MP)2025 (u/s 66 of IBC, pertaining to fraudulent transactions of approximately Rs. 68.11 Crores) after approval of the Resolution Plan, and any recovery (net of expenses) shall be distributed among the Secured Financial Creditors on a pro-rata basis as per their admitted claims during CIRP; b) IA/366(MP)2025 (filed against the Income Tax Department for recovery of Rs. 5.00 Lacs approximately, adjusted by ITD during moratorium) shall, during the implementation phase, be pursued by the Chairman of the Monitoring Committee with expenses borne from liquid funds of the Corporate Debtor, and post-implementation, shall be pursued by the SRA at SRA’s cost; c) IA(I.B.C)-191/2025 (filed against MPPKVVCL for recovery of approximately Rs. 53.00 Lacs, being Security Deposit adjusted during moratorium) shall be dealt with in the same manner as IA/366(MP)2025; and d) The agenda pertaining to Regulation 39BA of CIRP Regulations, which pertains to the “Assessment of Compromise or Arrangement”, was deferred by the CoC for consideration upon any such direction from this Adjudicating Authority, if applicable. 26. During the course of hearing of IA (Plan) No. 7 of 2025 on 10.03.2026, this Hon’ble Adjudicating Authority raised a specific query as to “how a share
NCLT INDORE BENCH IA (Plan) No. 07 of 2025 in CP/IB/48/2023 Order dated 08.04.2026 broking company proposes to acquire a textile manufacturing unit, particularly when it does not appear to have prior experience in the said line of activity.” Pursuant thereto, the RP convened the 29th CoC Meeting on 16.03.2026 and invited the SRA’s authorized representative Mr. Ankur Rastogi (Indo Global Share Broking Private Limited) as a Special Invitee. Mr. Rastogi presented the SRA’s detailed road map for revival of the Corporate Debtor before the CoC, which included the following: a) The SRA’s promoters and family have been part of the Kolkata business ecosystem for over 50 years, with deep-rooted connections in the textile and hosiery industry, which has historically been one of the cornerstone industries of Kolkata and West Bengal; b) The Corporate Debtor’s manufacturing unit, located in Madhya Pradesh, is a fully integrated, composite textile unit encompassing in-house ginning, spinning, and knitting — placing it at the heart of the raw cotton supply chain in one of India’s most productive cotton-growing States — a supply-demand bridge that the SRA is uniquely positioned to leverage through its captive market of hosiery brands in Kolkata; c) The SRA proposed to engage a dedicated management team comprising: i. Shri Sanjay Sohani, a textile professional with 27 years of experience, who has himself previously served as Head of Quality Assurance
NCLT INDORE BENCH IA (Plan) No. 07 of 2025 in CP/IB/48/2023 Order dated 08.04.2026 Department (QAD) at the Corporate Debtor from August 2020 to July 2022; ii. Shri Gamini Shreedhar, with over 30 years of experience in Spinning, Ginning, and Knitting operations, who served as General Manager- Operations at Shri Krishna Spinning Mills (India) Pvt. Ltd., Burhanpur from February 2018 to March 2020 and December 2024 to April 2025; and iii. Shri R. Murali, a seasoned professional with over 40 years of experience in yarn spinning industry; d) Significant post-acquisition investments proposed, including setting up an in-house dyeing process house and a solar energy plant; and e) Long-term vision to take the revived Company to an Initial Public Offering (IPO), leveraging the SRA’s core competency in capital markets.
The CoC members acknowledged and reaffirmed SRA’s road map. The RP subsequently filed an Additional Affidavit dated 17.03.2026 placing on record: (i) the Minutes of the 29th CoC Meeting dated 16.03.2026 (Annexure-A); (ii) email communications and the detailed write-up submitted by the SRA (Annexure-B Colly.), including the resumes of Shri Sanjay Sohani and Shri Gamini Shreedhar; and (iii) the revised Form-H (Compliance Certificate) dated 17.03.2026 (Annexure-C), reflecting 29 CoC Meetings held during the CIRP.
NCLT INDORE BENCH IA (Plan) No. 07 of 2025 in CP/IB/48/2023 Order dated 08.04.2026 27. This Adjudicating Authority had also raised a query regarding the sources of funds available with the SRA for implementation of the Resolution Plan. In response, the RP filed an Additional Affidavit dated 19.03.2026 placing on record the following documents: I. Letter of Comfort issued by ICICI Bank dated 16.07.2025 expressing the Bank’s in-principle inclination to examine and potentially extend financial support amounting to Rs. 25,00,00,000/- (Rupees Twenty-Five Crore Only) to the SRA in connection with the implementation of the Resolution Plan, subject to the completion of due diligence and adherence to KYC norms, submission of all requisite documentation, full compliance with regulatory and internal credit norms; and receipt of internal approvals from the Bank’s sanctioning authority. II. Net-worth Certificate issued by Sandip Gupta & Co., Chartered Accountants (FRN: 333649E) dated 12.05.2025, certifying that based on verification of the books of accounts, Balance Sheet, and Profit & Loss Account of M/s Indo Global Share Broking Private Limited (PAN: AABCI7590R), the Net Worth of the SRA as on 31.03.2025 is INR 23,41,08,159/- (Rupees Twenty-Three Crore Forty-One Lakhs Eight Thousand One Hundred and Fifty-Nine Only).
NCLT INDORE BENCH IA (Plan) No. 07 of 2025 in CP/IB/48/2023 Order dated 08.04.2026 III. Certificate issued by Excel Stock Broking Pvt. Ltd. (CIN: U51109WB2007PTC120291) dated 30.04.2025, certifying that M/s Indo Global Share Broking Private Limited (PAN: AABCI7590R) has given a sum of Rs. 8,00,00,000/- (Rupees Eight Crore Only) towards cash margin for trading purpose. This is supported by the account ledger of Excel Stock Broking Pvt. Ltd. for the period 01.04.2025 to 31.03.2026, which shows an opening balance of Rs. 8,00,00,000/- in the SRA’s account and confirms the availability of this idle cash margin.
G. Details of the Successful Resolution Applicant
28. The Successful Resolution Applicant, M/s Indo Global Share Broking Private Limited, is a Private Limited Company incorporated on 01.10.2007 under the Companies Act, 1956, having CIN: U67120WB2007PTC119103, having its registered office at DN-51, Merlin Infinity, 7th Floor, Sector-V, Salt Lake, Unit No. 701, Kolkata-700091. The SRA is a professionally managed company engaged in capital market advisory, proprietary trading, and investment activities. The SRA has an Authorized Share Capital of Rs. 2.05 Crores and Paid-up Capital of Rs. 1.34 Crores.
H. Details of the Resolution Plan
29. The Resolution Plan submitted by M/s Indo Global Share Broking Private Limited is dated 12.09.2025, with an Addendum dated 30.09.2025. The NCLT INDORE BENCH IA (Plan) No. 07 of 2025 in CP/IB/48/2023 Order dated 08.04.2026 total resolution plan amount as per the Plan is Rs. 30,21,00,000/- (Rupees Thirty Crores Twenty-One Lakhs Only), payable over a period of 12 months from the Effective Date. The Plan value is higher than the Liquidation Value of Rs. 26,17,43,783.50/-, thereby satisfying the requirement of Section 30(2)(b) of the Code. 30. The resolution plan amount of Rs. 30,21,00,000/- shall be contributed by the SRA and/or its SPV, in the following tabulated manner:
S. Source / Document Nature Amount / Details No. Rs. 25,00,00,000/- subject to due diligence, KYC and ICICI Bank Letter of In-principle inclination to 1. internal approvals Comfort dated 16.07.2025 extend credit support [Additional Affidavit 19.03.2026, Annexure-A(i)] Cash Margin deposited Cash margin deposited for with Excel Stock Broking Rs. 8,00,00,000/- [Annexure- 2. trading; supported by account Pvt. Ltd. Certificate dated A(iii)] ledger 01.04.2025–31.03.2026 30.04.2025 Rs. 2,20,00,000/- [Vol. II, 3. I nvestment in Listed Shares Confirmed in Resolution Plan Annexure-J, Section 4.4] Promoter Letter of Intent Rs. 4,04,00,000/- [Vol. II, 4. Promoter personal contribution — Mr. Ajay Mittal Annexure-J, Section 4.4] To be infused as equity share Rs. 1,00,00,000/- (equity) 5. E quity Infusion into CD capital; balance as loan [Revised Form H, para 4.2] Net Worth Certificate of Net Worth certified as on Rs. 23,41,08,159/- 6. SRA dated 12.05.2025 31.03.2025 [Annexure-A(ii)]
NCLT INDORE BENCH IA (Plan) No. 07 of 2025 in CP/IB/48/2023 Order dated 08.04.2026 31. The payment timeline (‘T’ being the date of receipt of certified copy of this Order) is as follows:
Period Amount (Rs.) Within T+1 Month 3,56,00,000 Within T+3 Months 4,65,00,000 Within T+6 Months 5,00,00,000 Within T+9 Months 6,50,00,000 Within T+12 Months 10,50,00,000 TOTAL 30,21,00,000
32. The detailed break-up of payments proposed under the Plan to all stakeholders is as follows:
Amount Claims Category Under Plan % Recovery Admitted (Rs.) (Rs.) CIRP Costs (Priority, 46,00,000 46,00,000 100% within T+1 Month) EPFO Dues (Priority, 19,05,850 19,05,850 100% within T+1 Month) Secured Financial 76,24,04,119 26,25,00,000 34.43% Creditors (Assenting) Unsecured Financial 3,62,17,701 5,00,000 1.38% Creditors Workmen & NIL NIL N.A. Employees
NCLT INDORE BENCH IA (Plan) No. 07 of 2025 in CP/IB/48/2023 Order dated 08.04.2026 Operational Creditors (Govt. Dues + 62,79,55,992 20,88,329 0.33% MPPKVVCL) Contingency Fund N.A. 5,05,821 N.A. Working Capital & N.A. 3,00,00,000 N.A. Refurbishment TOTAL PLAN VALUE — 30,21,00,000 —
33. TERM OF THE RESOLUTION PLAN: The term of the Resolution Plan is 12 months (T+12 months) from the Effective Date i.e., date of receipt of certified copy of this Order by the SRA). 34. The approved Resolution Plan provides for constitution of the Monitoring Committee within T+7 days from the Effective Date, comprising: i. Two representatives of the Secured Financial Creditors; ii. Two representatives of the SRA; and iii. The RP or an independent person as Chairperson. The RP/Monitoring Agent shall be remunerated at not less than Rs. 1,00,000/- per month plus applicable GST. All decisions of the Monitoring Committee shall require 60% voting strength (as per Addendum dated 30.09.2025, revising the original 66% threshold). The Monitoring Committee shall be deemed functus officio on the Closing Date (T+12 months). 35. SECTION 29A ELIGIBILITY: The RP has submitted a detailed Section 29A Due Diligence Report dated 16.07.2025 certifying that M/s Indo Global Share Broking Private Limited satisfies all eligibility criteria under Section
NCLT INDORE BENCH IA (Plan) No. 07 of 2025 in CP/IB/48/2023 Order dated 08.04.2026 29A of the Code. In the said report, the SRA is confirmed as ‘Not Related’ to the Corporate Debtor. The SRA has also submitted an affidavit confirming its eligibility under section 29A of the Code. The 27th CoC, upon detailed deliberation at Item A6(6), confirmed Section 29A compliance. In the above backdrop, the Resolution Plan also meets the requirement of Section 30(2) of the Code, as under:
Provisions under Section Compliance under the Resolution Plan 30(2) of the Code (a) Payment of CIRP costs Full payment of CIRP costs of Rs. 46,00,000/-in priority to repayment (100%) within T+1 Month from the Effective of other debts [Section Date as a priority payment before any other 30(2)(a)] creditor. [Vol. II, Annexure-J, Section 4.6] (b)(i) Payment to OCs not The Plan offers Rs. 39,94,179/- to the less than Liquidation operational creditors. [Vol. II, Annexure-J, Value [Section 30(2)(b)] Section 10] Plan provides that Dissenting Secured FCs (if (b)(ii) Payment to any) shall be paid their liquidation value in Dissenting FCs not less priority to Assenting Secured FCs. [Vol. II, than Liquidation Value Annexure-J, Section 4.6 (Secured FC)] Post-approval, entire shareholding and (c) Management of affairs management of the CD shall vest in the SRA of CD after approval and/or its SPV. New Board of Directors to be [Section 30(2)(c)] constituted. [Vol. II, Annexure-J, Section 8]
NCLT INDORE BENCH IA (Plan) No. 07 of 2025 in CP/IB/48/2023 Order dated 08.04.2026 Provisions under Section Compliance under the Resolution Plan 30(2) of the Code The Plan provides the constitution of Monitoring (d) Implementation and Committee within T+7 days; comprising 2 Supervision [Section representatives each of Secured FCs and SRA, 30(2)(d)] and RP as Chairperson [Vol. II, Annexure-J, Sections 9.2-9.4; Addendum Section 1] (e) Non-contravention of RP certified in Form H that the Plan does not any provision of law contravene any provision of law. [Section 30(2)(e)]
36. Further, it has been observed that the Resolution Plan is in compliance of Regulation 38 of the CIRP Regulations, 2016 in the following manner:
CIRP Provisions of Relevant Clause of Resolution Plan Regulation CIRP Regulations The total Liquidation Value of the Corporate Debtor is Rs. 26,17,43,783.50/-. Under the Section 53 waterfall, CIRP costs and the admitted claims of the Secured Financial Creditors (Rs. The amount payable to 76,24,04,119/-) would exhaust the entire Operational Creditors liquidation value, leaving NIL for Operational Regulation (OCs) shall be paid in Creditors. Accordingly, the liquidation value 38(1)(a) priority over Financial attributable to Operational Creditors (Govt. Dues) Creditors. is NIL. The Plan nevertheless pays Rs. 20,88,329/- to Operational Creditors (Government Dues + MPPKVVCL) and Rs. 19,05,850/- to EPFO (100%), which is above the NIL floor. Regulation 38(1)(a) read with Section
NCLT INDORE BENCH IA (Plan) No. 07 of 2025 in CP/IB/48/2023 Order dated 08.04.2026 CIRP Provisions of Relevant Clause of Resolution Plan Regulation CIRP Regulations 30(2)(b) is accordingly satisfied. [Vol. II, Annexure-J, Clause 4.6 (Note 1); Section 10]
The Resolution Plan at Section 10 (Illustrative Summary of Payments, pg. 204) and Section 4.6 Whether the resolution (pg. 175-178) explicitly sets out the treatment of Plan includes a each category of stakeholder: Secured FCs offered statement as to how it 34.43% recovery; EPFO paid 100%; Unsecured has dealt with the FCs offered Rs. 5,00,000/-; Govt. Dues offered Rs. Regulation interests of all 20,88,329/- (0.33% pro-rata); Working Capital of 38(1A) stakeholders including Rs. 3,00,00,000/- infused for revival; Contingency Financial Creditors Fund of Rs. 5,05,821/- created. Section 9.6 of the and Operational Plan (pg. 195) specifically addresses feasibility Creditors of the and viability, stating that the Plan provides for Corporate Debtor. best realization for all stakeholders in a viable and feasible manner. [Vol. II, Annexure-J, Sections 4.6, 9.6, 10]
Whether the The SRA has given a declaration under Section Resolution Applicant 29A (notarised affidavit dated 02.12.2025, pg. or any of its related 220-223) and in Section 9.10 of the Resolution parties has failed to Plan (pg. 197) confirming that neither the SRA nor implement or any of its related parties has failed to implement contributed to the Regulation or contributed to the failure of implementation of failure of 38(1B) any resolution plan approved by any Adjudicating implementation of any Authority at any time in the past. The RP's due resolution plan diligence (Section 29A report, pg. 213-219) approved under the independently verified this position. [Vol. II, code. Section 9.10, pg. 197; Annexure-K (29A If so, whether the Affidavit)] Resolution Applicant
NCLT INDORE BENCH IA (Plan) No. 07 of 2025 in CP/IB/48/2023 Order dated 08.04.2026 CIRP Provisions of Relevant Clause of Resolution Plan Regulation CIRP Regulations has submitted the statement giving details of such non-implementation.
Section 9.4 of the Resolution Plan (pg. 194-195) provides that with effect from the Closing Date, all powers of the Monitoring Committee shall cease and vest in the newly constituted Board of Directors and new Shareholders of the Corporate Debtor. During the implementation phase (till Closing Date), the Monitoring Committee, comprising 2 SFC representatives, 2 SRA Details of persons who representatives, and the RP/Monitoring Agent as Regulation will be in charge of Chairperson shall supervise implementation. The 38(2) management and SRA proposes to induct Shri Sanjay Sohani (ex-implementation. QAD Head of CD), Shri Gamini Shreedhar (ex-GM Operations, Shri Krishna Spinning Mills, Burhanpur), and Shri R. Murali (40+ years, yarn spinning) as key management personnel post-acquisition, as confirmed in the 29th CoC Meeting. [Vol. II, Annexure-J, Sections 9.2-9.4; Additional Affidavit 17.03.2026 (29th CoC Minutes, Annexure-A]
The SRA has provided the following confirmed funding sources: (i) ICICI Bank Letter of Comfort Whether adequate for Rs. 25,00,00,000/- dated 16.07.2025 Regulation means for (Additional Affidavit 19.03.2026, Annexure-A(i)); 38(3) implementation have (ii) Idle Cash Margin of Rs. 8,00,00,000/- with been provided. Excel Stock Broking Pvt. Ltd., confirmed vide Certificate dated 30.04.2025 (Annexure-A(iii)); (iii)
NCLT INDORE BENCH IA (Plan) No. 07 of 2025 in CP/IB/48/2023 Order dated 08.04.2026 CIRP Provisions of Relevant Clause of Resolution Plan Regulation CIRP Regulations Investment in Listed Shares of Rs. 2,20,00,000/-; (iv) Promoter (Ajay Mittal) Letter of Intent for Rs. 4,04,00,000/-; (v) Certified Net Worth of SRA at Rs. 23,41,08,159/- as on 31.03.2025 (Networth Certificate dated 12.05.2025, Annexure-A(ii)); and (vi) Performance Bank Guarantee of Rs. 3,02,10,000/- (BG No. 0006NDDG00366426) furnished on 03.12.2025. [Vol. II, Annexure-J, Section 4.4; Additional Affidavit 19.03.2026; Form H para 3.5]
I. Details of Interlocutory Applications
37. The following Interlocutory Applications filed by the RP in the present CIRP are pending adjudication before this Adjudicating Authority, and the Resolution Plan makes specific provision as to how each shall be dealt with post-approval: i. IA/367(MP)2025 — Avoidance Application u/s 66 of IBC (Fraudulent Transactions): Filed by the RP on 22.07.2025 on the basis of the Final Transaction Audit Report dated 14.04.2025, seeking to set aside avoidance transactions of approximately Rs. 68.11 Crores. The matter is currently pending adjudication. The CoC resolved in the 28th CoC Meeting (17.01.2026) that Bank of India shall pursue this application after approval of the Resolution Plan; and any recovery, net of expenses, shall accrue solely to the benefit of the Secured
NCLT INDORE BENCH IA (Plan) No. 07 of 2025 in CP/IB/48/2023 Order dated 08.04.2026 Financial Creditors and shall be distributed among them on a pro-rata basis as per their admitted claims during CIRP. The SRA shall have no obligation or liability in respect thereof (Clause 4.11 of the Resolution Plan). ii. IA/366(MP)2025 — Against Income Tax Department, Burhanpur: Filed for recovery of approximately Rs. 5.00 Lacs being an income tax refund amount standing in the Corporate Debtor's account that was adjusted by the Income Tax Department against pre-CIRP dues during the moratorium period — an act held to be violative of Section 14 of the IBC. This IA has been adjudicated in favour of the RP, and the ITD has been directed to reverse the adjustment and credit the amount along with interest to the designated CIRP A/c. The CoC resolved in the 28th CoC Meeting that during the implementation phase, this IA shall be pursued by the Chairman of the Monitoring Committee with expenses borne from liquid funds of the Corporate Debtor, and post-implementation by the SRA at SRA's cost. iii. IA(I.B.C)-191/2025 — Against MPPKVVCL: Filed for recovery of approximately Rs. 53.00 Lacs being the Security Deposit of the Corporate Debtor adjusted by MPPKVVCL during the moratorium period against pre-CIRP outstanding dues, along with prayers for restoration of the LT electricity connection and reinstallation of ME equipment removed from the factory premises. This IA has also been NCLT INDORE BENCH IA (Plan) No. 07 of 2025 in CP/IB/48/2023 Order dated 08.04.2026 adjudicated in favour of the RP, and MPPKVVCL has been directed to restore the electricity connection, reinstall the ME equipment, and restore the Security Deposit of Rs. 53,36,623/- to the credit of the Corporate Debtor. The CoC resolved in the 28th CoC Meeting that the same arrangement as in IA/366(MP)2025 shall apply. The SRA's consent was also obtained for the same.
J. Income Tax Department — Impleadment as Party and Treatment of Dues
38. The Income Tax Department, Burhanpur, has been made a party-respondent in the present Application under Section 30(6) read with Section 31 of the IBC, 2016, for a specific statutory reason. Under Section 79(2)(c) of the Income Tax Act, 1961, the restriction on carry forward and set-off of losses prescribed under Section 79(1) of the IT Act does not apply where a change in the shareholding of a company takes place in a previous year pursuant to a resolution plan approved under the IBC, 2016, provided that such approval is granted after affording a reasonable opportunity of being heard to the jurisdictional Principal Commissioner or Commissioner of Income Tax. In order to comply with this statutory requirement and to enable the SRA and the Corporate Debtor to avail the benefit of carry forward of losses post-acquisition, the RP has made the Income Tax Department a party to this Application and served it with notice.
NCLT INDORE BENCH IA (Plan) No. 07 of 2025 in CP/IB/48/2023 Order dated 08.04.2026 39. The details of business losses and unabsorbed depreciation available for carry forward by the Corporate Debtor, as disclosed in the Compliance Certificate in Form H and the Resolution Plan (Clause 6.2(c)). 40. Apart from the Section 79 aspect, the Income Tax Department had also submitted its claim before the RP as an Operational Creditor (Government Authority) vide Form B dated 10.06.2025. The claim amount, as stated in the Form B, is Rs. 38,14,42,727/- based on: (i) Demand of Rs. 38,14,42,727/- raised via Rectification Order u/s 154 of the Income Tax Act, 1961 passed on 02.06.2025 for A.Y. 2022-23; and (ii) Penalty of Rs. 1,50,000/- u/s 271B of the IT Act, 1961 dated 29.05.2024. The RP, having noted that both the Assessment Order and the Penalty Order have been challenged by the Corporate Debtor before the appropriate appellate authorities, admitted the claim as Contingent Liability only, and placed the same in the Final List of Creditors accordingly. 41. As regards the treatment of the Income Tax Department's dues under the Resolution Plan, the Plan at Clause 4.6 at pg. 176 provides that the Income Tax Department's contingent claim shall be settled on a pro-rata basis along with other Government Dues, and upon payment, all related claims and proceedings for periods prior to the Effective Date shall stand extinguished. The total amount proposed to be paid to all Government Dues (other than EPFO) on a pro-rata basis is Rs. 20,88,329/-.
NCLT INDORE BENCH IA (Plan) No. 07 of 2025 in CP/IB/48/2023 Order dated 08.04.2026 42. The Income Tax Department filed a Reply dated 07.03.2026 contending that the proposed payment of Rs. 12,72,387/- (0.33% of admitted claim) was arbitrary and violative of Section 30(2) of the IBC read with Regulation 38(1) and (1A) of the CIRP Regulations. Reliance was placed on Essar Steel India Ltd. CoC v. Satish Kumar Gupta (2020) 8 SCC 531 and Swiss Ribbons (P.) Ltd. v. Union of India [2019] 101 taxmann.com 389 (SC). The Respondent prayed for either a direction to the RP to propose a ‘fair amount’ or (ii) rejection of the Resolution Plan. 43. The said objections, for the reasons set out in detail in the Observations and Analysis section of this Order, are not legally tenable. Under the Section 53 waterfall, after payment of CIRP costs and Secured Financial Creditors' claims from the Liquidation Value of Rs. 26,17,43,783.50/-, the residual value attributable to Operational Creditors (including the IT Department) is NIL. The proposed payment is thus already above the NIL liquidation floor, satisfying Section 30(2)(b)(i).
K. Carry Forward of Losses a) Business Losses: 44. The details of business losses available for carry forward and set-off by the Corporate Debtor, as certified by the Resolution Professional in the Revised Form H (Annexure-C to the Additional Affidavit dated 17.03.2026), are as follows:
NCLT INDORE BENCH IA (Plan) No. 07 of 2025 in CP/IB/48/2023 Order dated 08.04.2026 Assessment Date of Business Loss Nature / Status Year ITR Filing Incurred (Rs.) Earlier year loss — incurred and available for AY 2016-17 17.10.2016 7,54,78,939 carry forward; 8-year period runs from AY 2016- 17 Earlier year loss — incurred and available for AY 2021-22 15.03.2022 5,36,57,602 carry forward; 8-year period runs from AY 2021- 22 Sub-Total (Earlier Year Losses — 12,91,36,541 — Brought Forward) Adjustment of above AY 2024-25 losses in schedule BFLA (Current — 2,02,27,314 2024-25 (Current Year Year) Losses) Net Business Loss Total Loss carried forward — 7,38,84,916 Available to future years for Carry Forward b) Unabsorbed Depreciation: 45. The details of unabsorbed depreciation available for carry forward by the Corporate Debtor, as certified in the Revised Form H, are as under:
NCLT INDORE BENCH IA (Plan) No. 07 of 2025 in CP/IB/48/2023 Order dated 08.04.2026 Assessment Brought Forward Balance Carried Forward Year Unabsorbed Depreciation (Rs.) (Rs.) 2016-17 7,70,30,891 7,70,30,891 2017-18 8,62,26,222 8,62,26,222 2018-19 3,05,56,720 3,05,56,720 2019-20 1,54,74,399 1,54,74,399 2020-21 4,11,50,792 4,11,50,792 2021-22 3,59,23,183 3,59,23,183 2022-23 22,16,685 22,16,685 2023-24 2,70,74,527 2,70,74,527 2024-25 2,02,27,314 (Current Year) TOTAL 31,56,53,419 33,58,80,733
46. We are of the considered view that the carry forward of losses and unabsorbed depreciation shall be available in accordance with the provisions of the Income Tax Act, 1961, and the Income Tax Department shall be at liberty to examine the same.
L. Reliefs and Concessions Sought in the Resolution Plan
47. In Section 7 of the Resolution Plan (Annexure-J, Vol. II of the Petition), the SRA has set out the details of concessions and reliefs to be sought by the Corporate Debtor and/or the Resolution Applicant from various parties. For NCLT INDORE BENCH IA (Plan) No. 07 of 2025 in CP/IB/48/2023 Order dated 08.04.2026 the effective implementation of the Resolution Plan and for the benefit of all stakeholders, the SRA has requested to grant the following reliefs and concessions: I. Directions to all relevant Governmental Authorities to continue to make available the Licenses and Permissions to the Corporate Debtor and waiver from obtaining any fresh approval or no-objection certificate, so that the business may continue to be carried out as it was being carried out prior to the Insolvency Commencement Date. II. Directions that prior approval of the counterparties of any contract, agreement, Licenses and Permissions shall not be required to be obtained for change in control / ownership / constitution of the Corporate Debtor, so that the contracts and agreements continue uninterrupted post-implementation.
III. Directions to all relevant Governmental Authorities to provide relief and/or concession to Corporate Debtor including: (i) To the Central Board of Direct Taxes (CBDT): to give all benefits and relief to the Corporate Debtor as admissible to all sick units in Income Tax Act, along with exemption to obtain No Objection Certificate under Section 281 of the Income Tax Act, 1961 from Income Tax Authorities; and (ii) Post this Resolution Plan approval and NCLT INDORE BENCH IA (Plan) No. 07 of 2025 in CP/IB/48/2023 Order dated 08.04.2026 payment of plan amount as envisaged, all the assets would be handed over to the company free from all encumbrances. IV. Other reliefs and directions including: (i) That other than persons receiving settlements under this Plan, no other payments or settlements (of any kind) shall be made to any other person in respect of claims filed under the CIRP (including, for avoidance of doubt, any unverified or contingent portion of their claims) and all Claims against the Corporate Debtor, along with any related legal proceedings (including criminal proceedings and other penal proceedings), shall stand irrevocably and unconditionally abated, settled, and extinguished in perpetuity on the Effective Date.
48. The stated effect of the Resolution Plan and reliefs & concessions as prayed for shall be available in accordance with the principle laid down by the Hon'ble Supreme Court in Ghanshyam Mishra and Sons Private Limited v. Edelweiss Asset Reconstruction Company Limited {(2021) 13 SCR 737} and Municipal Corporation of Greater Mumbai v. Abhilash Lal and Ors. (2019) ibclaaw.in 480 (NCLAT). Having considered the reliefs and concessions as prayed for in Section 7 of the Resolution Plan (pg. 190- 191) and the applicable law, it is accordingly clarified and ordered that: A. Any increase in the authorized capital shall be subject to payment of prescribed fee, if any applicable, and filing of prescribed forms with the Registrar of Companies.
NCLT INDORE BENCH IA (Plan) No. 07 of 2025 in CP/IB/48/2023 Order dated 08.04.2026 B. The Income Tax Department shall be at liberty to examine the tax implications arising from the proposals contained in the plan, in terms of Section 2(24), Section 28 and Section 56 of the Income Tax Act, 1961 read with GAAR provisions thereunder. C. The Applicant shall file necessary forms and pay prescribed fees, if any, in terms of provisions of the Companies Act, 2013 in relation to reduction in capital and issuance of fresh capital, however, the Registrar of Companies shall waive the additional fees, if any, payable on such filing. D. The SRA may approach prescribed authorities for waiver/reduction in fees, charges, stamp duty, and registration fees, if any arising from actions contemplated under the Resolution Plan and such request shall be subject to the relevant law/statute and adherence to the procedure prescribed thereunder. E. The SRA may file appropriate application, if required, for renewal of all Business Permits, rights, entitlements, benefits, subsidies and privileges whether under applicable Law, contract, lease or license granted in favour of the Corporate Debtor or to which the Corporate Debtor is entitled to or accustomed to, which have expired on the Effective Date, and follow the dues procedure prescribed for the purpose upon payment of prescribed fees.
The contract with third parties shall be subject to consent of such parties. It is clarified that NCLT INDORE BENCH IA (Plan) No. 07 of 2025 in CP/IB/48/2023 Order dated 08.04.2026 continuance of approvals shall not be refused on account of extinguishment of any dues under Code and extension or renewal thereof shall not be denied on account of past insolvency of the Corporate Debtor. No action shall lie against the Corporate Debtor for any non-compliances arising prior to the date of approval of Resolution Plan, however, such non-compliances shall be cured, if necessitated to keep the approval in force, after approval of the plan within period stipulated in the Resolution Plan. The Compliances under the applicable law for all the statutory appointments by the Corporate Debtor shall be completed within 12 months, where after, the necessary consequence under respective law may follow. F. No orders levying any tax, demand of penalty from the Corporate Debtor in relation to period up to approval of the Resolution Plan shall be passed by any authority and such demand, if created, shall not be enforceable as having extinguished in terms of approved Resolution Plan.
G. The carry forward of losses and unabsorbed depreciation shall be available in accordance with the provisions of Income Tax Act, and the Income Tax Department shall be at liberty to examine the same. H. An application for compounding/condoning shall be filed in accordance with the procedure specified in respective law or concerned authority, however, no fine or penalty shall be imposed for NCLT INDORE BENCH IA (Plan) No. 07 of 2025 in CP/IB/48/2023 Order dated 08.04.2026 non-compliances till the date of approval of this Plan or such further period as is permitted in terms of this Order. I. ROC shall update the records and reflect the Corporate Debtor as ‘Active’ upon filing of pending returns/forms after payment of normal fees (not additional fee). In case such filing is not permitted by the e-filing portal, the ROC shall accept such forms/returns in physical format and manage to upload the same by back-end without requiring payment of additional filing fees leviable for the period upto approval of Resolution Plan. The Corporate Debtor shall be exempted from using the words “and reduced”.
J. The Resolution Applicant, the Corporate Debtor and the assets of the Corporate Debtor forming part of Resolution plan shall have immunity, privileges and protection as is available in the form and manner stated in Section 32A of the Insolvency and Bankruptcy Code, 2016. K. The relief, concession or waiver contemplated in the approved Resolution Plan under any of its part shall be available to the Corporate Debtor only to the extent as enumerated above and such relief, concession or waiver shall not extend to its subsidiaries, joint-ventures or associates/affiliates, who have not been subjected to resolution in the present CIRP process of Corporate Debtor. However, it is clarified that no claim or action shall lie against the Corporate
NCLT INDORE BENCH IA (Plan) No. 07 of 2025 in CP/IB/48/2023 Order dated 08.04.2026 Debtor in relation to any financial or any kind of obligation of subsidiaries, joint-ventures or associates/affiliates, whether past or arising in future. 49. It is clarified that any relief, concession or waiver, not specifically dealt with in Paras (a) to (k) above or not permissible in terms of decision in case of Ghanshyam Mishra (supra) and Abhilash Lal (Supra) or specific provisions of the Code read with the Regulations, shall be deemed to be denied or rejected. 50. The highlights of the Resolution Plan, for ease of reference, are set out hereunder:
S.No. Particulars Details 1. Application No. / CP No. IA (Plan) No. 7 of 2025 in CP(IB) No.
2. Name of Corporate M/s Shree Geeta Textiles Mills Debtor Private Limited 3. Name of Resolution CA Nishant Agrawal (IBBI Reg. No. Professional IBBI/IPA-001/IP-P-02100/2020- 2021/13283) 4. Date of Commencement 13.11.2024 of CIRP 5. Date of filing of 12.12.2025 Resolution Plan with AA 6. Name of the Successful M/s Indo Global Share Broking Resolution Applicant Private Limited 7. Voting % in favour of the 95.47% (via e-voting concluded Resolution Plan 01.12.2025)
NCLT INDORE BENCH IA (Plan) No. 07 of 2025 in CP/IB/48/2023 Order dated 08.04.2026 S.No. Particulars Details 8. Total Resolution Plan Rs. 30,21,00,000/- Amount (incl. CIRP costs) 9. Fair Value Rs. 34,22,26,780/- 10. Liqu idation Value Rs. 26,17,43,783.50/- 11. Plan Value vs. Plan Value HIGHER than Liquidation Liquidation Value Value 12. % R ecovery to Secured 34.43% of admitted claims FCs 13. Term / Implementation 12 months from the Effective Date (T Schedule + 12 months)
ORDER
We hereby approve the Resolution Plan submitted by M/s Indo Global Share Broking Private Limited (Successful Resolution Applicant), along with annexures, schedules forming part of the Resolution Plan annexed to the Application and order as under: - A. The Resolution Plan proposed to offer Rs. 30,21,00,000/- (Rupees Thirty Crores Twenty-One Lakhs Only) against the total admitted claims of the Financial Creditors aggregating to Rs. 79,86,21,820/- (Rupees Seventy-Nine Crores Eighty-Six Lakhs Twenty-One Thousand Eight Hundred and Twenty Only), representing 34.43% of the total admitted financial debt. B. The Resolution Plan along with annexures and schedules forming part of the plan shall be binding on the Corporate Debtor, its employees,
NCLT INDORE BENCH IA (Plan) No. 07 of 2025 in CP/IB/48/2023 Order dated 08.04.2026 members, creditors, including the Central Government, any State Government or any local authority to whom a debt in respect of the payment of dues arising under any law for the time being in force is due, guarantors and other stakeholders involved in the Resolution Plan. C. All crystallized liabilities and unclaimed liabilities of the Corporate Debtor as on the date of this order shall stand extinguished on the approval of this Resolution Plan. D. The approval of the Resolution Plan shall not be construed as waiver of any statutory obligations/ liabilities of the Corporate Debtor and shall be dealt with by the appropriate Authorities in accordance with law. Any waiver sought in the Resolution Plan, shall be subject to approval by the Authorities concerned as held by Hon’ble Supreme Court in the matter of Ghanashyam Mishra & Sons Private Limited Versus Edelweiss Asset Reconstruction Company Limited in Civil Appeal No.8129 OF 2019 dated 13.04.2021. E. The Memorandum of Association (MoA) and Articles of Association (AoA) shall accordingly be amended and filed with the Registrar of Companies (RoC) Gwalior for information and record. The Resolution Applicant, for effective implementation of the Plan, shall obtain all necessary approvals, under any law for the time being in force, within such period as may be prescribed.
NCLT INDORE BENCH IA (Plan) No. 07 of 2025 in CP/IB/48/2023 Order dated 08.04.2026 F. Henceforth, no creditors of the erstwhile Corporate Debtor can claim anything other than the liabilities referred to supra. G. The moratorium under Section 14 of the Code shall cease to have effect from this date. H. The Applicant shall forward all records relating to the conduct of the CIRP and the Resolution Plan to the IBBI along with copy of this order for information. I. The Applicant shall forthwith send a copy of this order to the CoC and the Resolution Applicant. J. The Registry is directed to furnish free copy to the parties as per Rule 50 of the NCLT Rules, 2016. K. The Registry is directed to communicate this order to the Registrar of Companies, Gwalior for updating the master data and also forward a copy to IBBI. L. The Monitoring Committee/ Resolution Professional will submit a quarterly report to the Registry till the implementation of the Plan. M. Accordingly, I.A. (plan) 7 of 2025 is allowed and stands disposed of.
Sd/- Sd/- MAN MOHAN GUPTA BRAJENDRA MANI TRIPATHI (MEMBER TECHNICAL) (MEMBER JUDICIAL)
Abhinav Maru - LRA
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