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In the matter of M M Agro Ventures Pvt. Ltd.

National Company Law Tribunal2 April 2024

Ratio decidendi

The rule this decision rests on

The Adjudicating Authority may order dissolution of a corporate debtor under section 54 of the Insolvency and Bankruptcy Code, 2016 on an application by the liquidator where the liquidator has completed the liquidation process, no application under sections 43, 45, 50 or 66 of the Code is pending, and the liquidator has furnished a compliance certificate in Form H as required by regulation 45(3) of the Liquidation Process Regulations, 2016; upon such satisfaction, there is no impediment to dissolution and the corporate debtor is to be dissolved, with the liquidator directed to forward the order to the Registrar of Companies.

Written by Miss Lucy from the judgment below, not taken from a headnote.

Judgment

As delivered

IN THE NATIONAL COMPANY LAW TRIBUNALKOLKATA BENCH, COURT III.A (IBC)(Dis) No. 05/KB/2024inCP (IB) No. 1246/KB/2019

Under section 54 of the Insolvency and Bankruptcy Code, 2016 read with regulation 2A and regulation 45 of the Insolvency and Bankruptcy Board of India (Liquidation Process) Regulations, 2016.

IN THE MATTER OF: UNION BANK OF INDIA. …Financial Creditor Versus

M.M AGRO VENTURE PVT LTD. …Corporate Debtor

-And-

IN THE MATTER OF:

SONU JAIN … Applicant/Liquidator

Coram: Smt. Bidisha Banerjee, Member (Judicial) Shri D. Arvind, Member (Technical) Appearances (through hybrid mode): For the Applicant 1. Ms. Sonu Jain, Liquidator in person Order pronounced on: 02/04/2024

KOLKATA BENCH, COURT-II UNION BANK OF INDIAv M.M AGRO VENTURE PVT LTD I.A (IBC)(Dis) No. 05/KB/2024 in CP (IB) No. 1246/KB/2019 ORDER

Per: Bidisha Banerjee, Member (Judicial)

1. This court convened via hybrid mode. 2. This is an application filed under section 54(1) of the Insolvency and Bankruptcy Code, 2016 (“Code”) read with regulation 45(3) of the Insolvency and Bankruptcy Board of India [Liquidation Process] Regulations, 2016 (“Liquidation Process Regulations”) by the Liquidator of M.M AGRO VENTURE PVT LTD. (CIN: U63022BR2012PTC018144) (“Corporate “Debtor”) praying for dissolution of the Corporate Debtor.

3. This Adjudicating Authority vide order dated 18 March 2021, admitted the Corporate Debtor under Corporate Insolvency Resolution Process (“CIRP”) appointing Mr. Sonu Jain as Interim Resolution Professional. Subsequently, his appointment was confirmed as Resolution Professional.

4. The Adjudicating Authority vide order dated 05 May 2022, appointed Smt. Sonu Jain as the Liquidator of the Corporate Debtor.

5. The Liquidator as per Regulation 12 of Insolvency and Bankruptcy Board of India (liquidation progress) Regulation, 2016 made public announcement dated 20 April 2023 in form B of schedule II. The announcement was published in one English newspaper i.e Morning India and one regional news paper i.e Sanmarg. The auction held was successful in 14.09.2023.

6. The Liquidator made payment to the Financial Creditor as per the following table:

KOLKATA BENCH, COURT-II UNION BANK OF INDIAv M.M AGRO VENTURE PVT LTD I.A (IBC)(Dis) No. 05/KB/2024 in CP (IB) No. 1246/KB/2019

Party Amount

22-12-2023 85,38,000

26-12-2023 7,06,863

02-01-2024 20,00,000

7. Further the Liquidator submits that no application is pending under section 43,45,50,66 of the Insolvency and Bankruptcy Code, 2016.

8. As per mandatory requirement under regulation 45(3) of the Liquidation Process Regulations, the Liquidator has prepared a compliance certificate under prescribed ‘Form H’. The Compliance certificate under form H is annexed as Annexure – ‘C’ to the application.

9. In view of the above facts and circumstances, there is no impediment to the Corporate Debtor being dissolved, and it is ordered accordingly.

10. The Liquidator is further directed to serve a copy of this order upon the Registrar of Companies, (jurisdiction), immediately and, in any case, within fourteen days of receipt of this order. The Registrar of Companies shall take further necessary action upon receipt of a copy of this order.

11. The Liquidator shall stand discharged from his responsibilities, subject to procedural compliances.

12. I.A. (I.B.C)(Dis) No. 05/KB/2024 in C.P. (IB) No. 1246/KB/2019 is allowed with the above directions and Main C.P. (IB) No. 1246/KB/2019 disposed of.

KOLKATA BENCH, COURT-II UNION BANK OF INDIAv M.M AGRO VENTURE PVT LTD I.A (IBC)(Dis) No. 05/KB/2024 in CP (IB) No. 1246/KB/2019 13. The Registry is directed to send email of the order forthwith to all the parties and their ld. Counsel for information and for taking necessary steps. 14. 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 the 2nd day of April 2024.

NKS(LRA)

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