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In the matter of ALCOB INDIA PRIVATE LIMITED

National Company Law Tribunal23 February 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 TRIBUNALMUMBAI BENCH - ICP (IB) NO. 96 of 2026Under Section 10 of theInsolvency and Bankruptcy Code,2016 r/w Rule 7 of the Insolvencyand Bankruptcy (Application toAdjudication Authority) Rules,2016In the matter ofM/s. Alcob India PrivateLimitedCIN: U45200PN2004PTC14121Having its Registered Office at -201, A Wing, Sai Gaurav 2040,Jan Mohamad Street, BabajanChowk Pune, Maharashtra-411001… Corporate ApplicantOrder pronounced on : 23.02.2026Coram:Prabhat Kumar Sushil Mahadeorao KocheyMember (Technical) Member (Judicial)IN THE NATIONAL COMPANY LAW TRIBUNAL MUMBAI BENCH – IC.P. (IB)/96 (MB) 2026Appearances:For the Corporate Applicant: Surekha Yadav a/w AvinashKhanolkar and Saba Shaikh,AdvocatesORDER1. This Company Petition is filed under Section 10 of theInsolvency and Bankruptcy Code, 2016 (Code) read withRule 7 of the Insolvency and Bankruptcy (Application toAdjudication Authority) Rules, 2016 by M/s. Alcob IndiaPrivate Limited (Corporate Applicant), seeking to initiate itsCorporate Insolvency Resolution Process (CIRP) in itsaffairs. The said application is stated to be preferred by theCorporate Applicant owing to financial stress faced by it,consequent to which it claims to be not in a position to repaythe debts due to its creditors.Brief Facts:2. The Corporate Applicant was incorporated on 26.07.2004under the Companies Act, 2013. Its Corporate IdentityNumber (CIN) is U45200PN2004PTC141210. Its registeredoffice is at 201, A Wing, Sai Gaurav 2040, Jan MohamadStreet, Babajan Chowk Pune, Maharashtra 411001.Therefore, this Bench has jurisdiction to entertain and decidethe Petition.3. The Corporate Applicant is a private company limited byshares having authorized share capital of Rs. 3,00,00,000/-(Rupees Three Crores only) and paid-up Share Capital of Rs.IN THE NATIONAL COMPANY LAW TRIBUNAL MUMBAI BENCH – IC.P. (IB)/96 (MB) 20261,13,16,660/- (Rupees One crore thirteen lakhs sixteenthousand six hundred sixty only) and are involved in thebusiness of manufacturing of glass and allied goods. Forfinancial assistance, the corporate debtor obtained loans inthe form of Working Capital Term Loans, Term Loans,COVID Emergency Line Credit Facilities, Hand Loans,and/or Unsecured Credit Facilities from known persons. Theoperational debt has arisen from trade-related payments.4. The Corporate Applicant submits that the Company has beenincurring losses since the onset of COVID-19 and is unableto discharge its liabilities towards creditors. The loanaccount of the Corporate Applicant was classified as a Non-Performing Asset (NPA) by the Bank of Maharashtra on31.03.2021. Subsequently, the Bank issued a demand noticeunder Section 13(2) of the SARFAESI Act, 2002 on07.12.2021. The Corporate Debtor thereafter proposed aOne Time Settlement (OTS) of its outstanding liability to theBank of Maharashtra. In addition, the Applicant submits thatit has received assessment orders from the Employees’Provident Fund Organisation (EPFO) and the GSTDepartment, along with other government dues andoperational debts.5. The total debt amounting to default is Rs. 65,45,53,190/-(Rupees Sixty-Five Crores Forty-Five Lakhs Fifty-threeThousand One Hundred Ninety only) The distribution istabled below:Sr.No. Debt Amount DueIN THE NATIONAL COMPANY LAW TRIBUNAL MUMBAI BENCH – IC.P. (IB)/96 (MB) 20261. Financial Debt in Rs.48,05,55,333/- (RupeesDefault Forty-Eight Crores FiveLakhs Fifty- Five ThousandThree Hundred Thirty-Threeonly)2. Operational Debt in Rs.17,06,33,970/- (RupeesDefault Seventeen Crores Six LakhsThirty-Three Thousand NineHundred Seventy only)6. The Corporate Person has produced audited financialstatements as on financial year ended 31.03.2025 and up to15.01.2026, which demonstrates that the liabilities of theCorporate Applicant exceed its assets, thus the CorporateApplicant is unable to repay the dues.Statutory Compliances:7. The Board of Directors of the Corporate Applicant in theirmeeting held on 01.01.2026 authorized Mr. BadrinarayanRajagopalan and Mrs. Deepali Badrinarayan, Directors of theCompany to file necessary application under the Code.8. The Applicant placed on record the minutes of theExtraordinary General Meeting (EGM) held on 05.01.2026 at11:30 A.M. along with a copy of the special resolution duly

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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