In the matter of ALCOB INDIA PRIVATE LIMITED
- CitationCP (IB) NO. 96 of 2026
Ratio decidendi
The rule this decision rests on
Where a corporate applicant under Section 10 of the Insolvency and Bankruptcy Code, 2016 shows that it is in default of a debt due and payable, and that the default exceeds the minimum amount stipulated under Section 4(1), and the application is otherwise complete, the Adjudicating Authority has no reason to refuse admission and must admit the petition and order initiation of the Corporate Insolvency Resolution Process.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
IN THE NATIONAL COMPANY LAW TRIBUNAL MUMBAI BENCH – I C.P. (IB)/96 (MB) 2026 passed at the said meeting unanimously to initiate corporate insolvency resolution process in terms of section 10 of code. 9. Further, the Corporate Applicant has also enclosed the audited financial statements for financial years 2022-23, 2023-24, 2024-25 as well as for the period up to 15.01.2026. These financial statements show the amounts owed to various creditors. 10. The Corporate Applicant has suggested the name of Shri. Rajesh S. Shah (Registration Number: IBBI/IPA-002/IP- N00592/2018-2019/11881) for appointment as the Interim Resolution Professional (“IRP”). The proposed IRP has also submitted his consent in Form 2 confirming eligibility and that there are no disciplinary proceedings pending against him. 11. This application is filed as per Rule 7 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rule, 2016 in Form-6. Required information is also furnished therein. 12. After hearing the submissions and upon perusing the supporting documents annexed with the Petition, this Bench is of the view that the application made by the Corporate Applicant is complete in all respects as required by law. It clearly shows that the Corporate Applicant is in default of a debt due and payable, and the default is in excess of minimum amount stipulated under section 4(1) of the IBC, at the relevant time. Therefore, the default stands established and there is no reason to deny the admission of the Petition. In view of this, this Adjudicating Authority admits this Petition and orders initiation of CIRP against the Corporate Applicant.
IN THE NATIONAL COMPANY LAW TRIBUNAL MUMBAI BENCH – I C.P. (IB)/96 (MB) 2026 13. The above CP (IB) No. 96 of 2026 is hereby allowed and initiation of Corporate Insolvency Resolution Process (CIRP) is ordered against M/s. Alcob India Private Limited. 14. There shall be a moratorium under Section 14 of the IBC, in regard to the following: i. The institution of suits or continuation of pending suits or proceedings against the Corporate Debtor including execution of any judgment, decree or order in any court of law, tribunal, arbitration panel or other authority; ii. Transferring, encumbering, alienating or disposing of by the Corporate Debtor any of its assets or any legal right or beneficial interest therein; iii. Any action to foreclose, recover or enforce any security interest created by the Corporate Debtor in respect of its property including any action under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act, 2002; iv. The recovery of any property by an owner or lessor where such property is occupied by or in possession of the Corporate Debtor. 15. Notwithstanding the above, during the period of moratorium: - i. The supply of essential goods or services to the corporate debtor, if continuing, shall not be terminated or suspended or interrupted during the moratorium period; ii. That the provisions of sub-section (1) of section 14 of the IBC shall not apply to such transactions as may be notified by the Central Government in consultation with any sectoral regulator;
IN THE NATIONAL COMPANY LAW TRIBUNAL MUMBAI BENCH – I C.P. (IB)/96 (MB) 2026 16. The moratorium shall have effect from the date of this order till the completion of the CIRP or until this Adjudicating Authority approves the resolution plan under sub-section (1) of section 31 of the IBC or passes an order for liquidation of Corporate Debtor under section 33 of the IBC, as the case may be. 17. Public announcement of the CIRP shall be made immediately as specified under section 13 of the IBC read with regulation 6 of the Insolvency & Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016. 18. Shri. Rajesh S. Shah (Registration Number: IBBI/IPA-002/IP- N00592/2018-2019/11881), is hereby appointed as the IRP of the Corporate Debtor to carry out the functions as mentioned under IBC. The IRP shall carry out functions as contemplated by sections 15, 17, 18, 19, 20 and 21 of the IBC. The fee payable to IRP/RP shall be compliant with Regulations, Circulars and Directions issued by the Insolvency & Bankruptcy Board of India (IBBI) as may be applicable.
19. During the CIRP Period, the management of the Corporate Debtor shall vest in the IRP or, as the case may be, the RP in terms of section 17 of the IBC. The officers and managers of the Corporate Debtor shall provide all documents in their possession and furnish every information in their knowledge to the IRP within a period of one week from the date of receipt of this Order, in default of which coercive steps will follow. 20. The Board of Directors of the Corporate Applicant shall make available a sum of Rs. 3,00,000/- (Rupees Three Lacs only), if the funds available with corporate applicant falls short of this amount at the time of admission, with the IRP to meet the IN THE NATIONAL COMPANY LAW TRIBUNAL MUMBAI BENCH – I C.P. (IB)/96 (MB) 2026 expenses arising out of issuing public notice and inviting claims till the formation of Committee of Creditors plus out of pocket expenses, and this amount shall be adjusted against the remuneration of IRP so appointed and as agreed with the Corporate Applicant, and out of pocket expenses incurred in the process. However, these expenses shall subject to approval by the Committee of Creditors (CoC), and the amounts funded by the Board of Directors from their own sources shall be considered as interim finance to be dealt with in accordance with the provisions of the Code.
21. The Registry is directed to communicate this Order to the Corporate Applicant and the IRP by Speed Post and email immediately, and in any case, not later than two days from the date of this Order. 22. A copy of this Order be sent to the Registrar of Companies, Mumbai, Maharashtra, for updating the Master Data of the Corporate Debtor. The said Registrar of Companies shall send a compliance report in this regard to the Registry of this Court within seven days from the date of receipt of a copy of this order. 23. Ordered accordingly.
Sd/- Sd/- Prabhat Kumar Sushil Mahadeorao Kochey Member (Technical) Member (Judicial) /AJ/
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