In the matter of Purplestream Convergence Private Limited
- CitationIA (IBC)(Dis)/1(CHE)/2025 in CP(IB)/300(CHE)/2021
Ratio decidendi
The rule this decision rests on
Where the realisable assets of a corporate debtor in liquidation are nil or insufficient to meet liquidation costs, and the affairs of the corporate debtor require no further investigation, the Adjudicating Authority may order its dissolution without awaiting full liquidation of assets, by reading Section 54 of the Insolvency and Bankruptcy Code, 2016 conjointly with Regulation 14 of the IBBI (Liquidation Process) Regulations, 2016. The Tribunal may grant such dissolution on the application of the Interim Resolution Professional, now presumed to be the liquidator, where the Committee of Creditors has approved dissolution by resolution and the corporate debtor has no assets for realisation, notwithstanding that no preliminary report or formal early-dissolution application under Regulation 14 was filed by a liquidator.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
IN THE NATIONAL COMPANY LAW TRIBUNAL, DIVISION BENCH – II, CHENNAI IA (IBC)(DIS)/1(CHE)/2025 in CP(IB)/300(CHE)/2021 (Filed under Section 54 of the Insolvency and Bankruptcy Code, 2016 r/w Rule 11 of NCLT Rules, 2016) In the matter of PURPLESTREAM CONVERGENCE PRIVATE LIMITED MS. CHITRA PERINKULAM RAGAVAN, Interim Resolution Professional, Reg No: IBBI/IPA-002/IP-N00720/2019-2020/12558, Old No. 16, New No. 7, Appadurai Street, Seethammal Colony, Teynampet, Chennai – 600018. … Applicant / IRP
Order Pronounced on 5th March 2025 CORAM: SHRI. JYOTI KUMAR TRIPATHI, MEMBER (JUDICIAL) SHRI. RAVICHANDRAN RAMASAMY, MEMBER (TECHNICAL)
Present: - For Applicant : Mr. Avinash Krishnan Ravi & Jerin Asher Sojan, Advocate ORDER 1. The present Application has been filed under Section 54 of the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as ‘Code’) r/w Rule 11 of NCLT Rules, 2016 (hereinafter referred to as ‘Rules’) by Ms. Chitra Perinkulam Ragavan, Insolvency Resolution Professional of Purplestream Convergence Private Limited seeking an order of dissolution of the Corporate Debtor Viz., Purplestream Convergence Private Limited.
IA (IBC)(DIS.)/1(CHE)/2025 in CP(IB)/300(CHE)/2021 In the matter of Purplestream Convergence Private Limited 1 of 9
2. It is submitted that Corporate Debtor Viz., Purplestream Convergence Private Limited was admitted into Corporate Insolvency Resolution Process, (herein after referred to as CIRP) by this Tribunal vide order dated 13.10.2023 in CP(IB)/300(CHE)/2021 and the Applicant herein was appointed as Interim Resolution Professional. 3. It is submitted that the applicant herein has taken control and custody of the assets and the management of the corporate debtor immediately after receiving the order of Corporate Insolvency Resolution Process (herein after referred to as CIRP). Thereafter the Public announcement was made on 20.10.2023 in Trinity Mirror (English) and Makkal Kural (Tamil) by Interim Resolution Professional. 4. It is further submitted that Books of accounts of the corporate debtor was received on 20.10.2023 and the email communication was sent to the creditors to submit the claims as against the corporate debtor. Further it is submitted that the applicant has made intimation of the order of the Corporate Insolvency Resolution Process of the Corporate Debtor to the concerned statutory authorities on 31.10.2023. 5. The applicant submitted that no financial creditors have submitted claims against the corporate debtor and as per the books, only creditor under the head “loan from Directors” reflects as a financial creditor of the corporate debtor, from whom no claims was received and hence the Committee of Creditors was constituted with the operational creditors of the corporate debtor.
IA (IBC)(DIS.)/1(CHE)/2025 in CP(IB)/300(CHE)/2021 In the matter of Purplestream Convergence Private Limited 2 of 9
6. The details of the shareholders and the shareholding structure of the Corporate Debtor is as follows:
7. It is submitted that the applicant has conducted the 1st meeting of the Committee of Creditors of the corporate debtor on 18.11.2023 to take note on the actions taken by the Interim Resolution Professional and to decide on taking forward the Corporate Insolvency Resolution Process of the Corporate Debtor and the detailed extract is as follows:
8. It is submitted that, upon verification of the books of Accounts of the corporate debtor, it was found that the assets that were reflecting in IA (IBC)(DIS.)/1(CHE)/2025 in CP(IB)/300(CHE)/2021 In the matter of Purplestream Convergence Private Limited 3 of 9 the fixed asset register have become obsolete and are not salvageable. Further it is submitted that possible recoveries from the debtors are minimal and could not even cover CIRP/ Liquidation Cost. 9. It is submitted that the Brand name of the Corporate Debtor which was the primary reason for the company preferring the application under section 10 of the code has also become obsolete. 10. It is submitted that the assets as seen in the balance sheet on 31.3.2023 was only cash in Bank of Rs. 1.43 Lakhs and Tax receivables of GST Credit input to the value of Rs. 6 Lakhs. The short term loans and advances are only the deposits with agencies like telecom service providers such as Airtel etc., and Fixed Assets were a small equipment’s placed in their clients premises (Kalyana mandapams) which is a scrap today and the premises owners are refusing to return the same claiming that they have not received the rent toward keeping the same in their premises. 11. It is submitted that the applicant herein has conducted 2nd meeting of the Committee of Creditors on 09.01.2024. During the 2nd meeting of the Committee of Creditors the issues in the CIRP process was put forth before the committee of Creditors regarding the improbability of recovering the money from the assets of the Corporate Debtor and the CoC has decided to dissolve the Corporate Debtor. The relevant extraction is as follows:
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12. It is submitted that the above mentioned resolution was approved by 91.91% of the creditors and 8.09% was abstained from voting. The relevant extraction is as follows:
13. It is submitted that, in furtherance to the approval of the above mentioned resolution, the applicant herein has filed an application
IA(IBC)/713(CHE)/2024 and sought for following reliefs:
a) To permit the Interim Resolution Professional to file an application under Section 54 of the Insolvency and Bankruptcy code, 2016 read with Rule 11 of the National Company Law Tribunal Rules, 2016 for dissolution of the Corporate Debtor;
IA (IBC)(DIS.)/1(CHE)/2025 in CP(IB)/300(CHE)/2021 In the matter of Purplestream Convergence Private Limited 5 of 9 b) Pass such other order/ directions as this Hon’ble Bench may deem fit and proper in the facts and circumstances of the case and thus render justice. 14. It is submitted that IA(IBC)/713(CHE)/2024 was allowed and disposed of by this Hon’ble Tribunal Vide order Dated 11.12.2024 and the relevant extraction is as follows:
15. It is submitted that, based on the above mentioned order, the applicant herein has moved the present application in seeking dissolution of the Corporate Debtor.
16. The date and events subsequent to the initiation of CIRP of the Corporate Debtor is as follows:
S.NO DATE EVENTS 1. 13.10.2023 Commencement of CIRP
2. 20.10.2023 Public announcement in Newspaper
3. 18.11.2023 1st CoC meeting where the CoC sought for Final position of the Corporate Debtor to IA (IBC)(DIS.)/1(CHE)/2025 in CP(IB)/300(CHE)/2021 In the matter of Purplestream Convergence Private Limited 6 of 9 decide upon the further course of action 4. 09.01.2024 2nd CoC meeting where CoC resolved for direct dissolution of the Corporate Debtor 5. 11.01.2024 Conduction of e-Voting process on the to Resolution put forth in the 2nd CoC 13.01.2024 meeting 6. 10.04.2024 Expiry of 180days
7. 11.12.2024 IA(IBC)/713(CHE)/2024 was allowed
17. From the submissions of the Counsel and on perusal of the records we find that there are no realizable assets in the Corporate Debtor. 18. The relevant provisions under Insolvency and Bankruptcy Code, 2016 and its subordinate legislations is referred as follows: " Section 54: Dissolution of the Corporate Debtor: (1) Where the assets of the corporate debtor have been completely liquidated, the liquidator shall make an application to the Adjudicating Authority for the dissolution of such corporate debtor. (2) The Adjudicating Authority shall on application filed by the liquidator under sub-section (1) order that the corporate debtor shall be dissolved from the date of that order and the corporate debtor shall be dissolved accordingly. (3) A copy of an order under sub-section (2) shall within seven days from the date of such order, be forwarded to the authority with which the corporate debtor is registered." “Regulation 14 of IBBI (Liquidation Process) Regulation 2016 Early Dissolution: Any time after the preparation of the Preliminary Report, if it appears to the liquidator that- (a) The realizable properties of the corporate debtor are insufficient to cover the cost of the liquidation process; and (b) The affairs of the corporate debtor do not require any further investigation; he may apply to the adjudicating authority for early dissolution of the corporate debtor and for necessary directions in respect of such dissolution.
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19. We have heard Ld. Counsel for the Applicant and perused the document submitted the applicant.
20. In this present case, we find that on 10.04.2024 the CIRP time limit expires and it is apparent that no financial creditors has raised their claims and hence the CoC was constituted with the Operational
Creditors.
21. Further it is observed from the averments made by the applicant that there were no assets for realization with the Corporate Debtor, there was no valuation and no EoI consequently no plan has been received.
22. Further it is observed that CoC does not find any possibility of recovery or resolution and hence CoC has passed a resolution to dissolve the Corporate Debtor as it was considered as the only beneficial process that can be done to the Corporate Debtor. 23. Upon a conjoint reading of Section 54 of Insolvency and Resolution Process and Regulation 14 of the IBBI (Liquidation Process) Regulation 2016 it is observed that when there is no assets of the corporate debtor for realization or when Corporate debtor has insufficient funds to meet cost of the liquidation or CIRP cost, then the corporate debtor can be dissolved without going into liquidation process. 24. In this present case, this tribunal vides order date 11.12.2024 in IAIBC/713(CHE)/2024 ordered for liquidation of the corporate debtor. IA (IBC)(DIS.)/1(CHE)/2025 in CP(IB)/300(CHE)/2021 In the matter of Purplestream Convergence Private Limited 8 of 9
25. Further, in this present case, it is observed that the corporate debtor has no assets for realization and the CoC in its 2nd meeting has approved for the dissolution of the corporate debtor. 26. In the above circumstances, this Tribunal finds that it would be just and proper to order for the dissolution of the Corporate Debtor as per Section 54 of the Code. 27. Accordingly, we order the dissolution of the Corporate Debtor viz., PURPLESTREAM CONVERGENCE PRIVATE LIMITED. In this case, the applicant herein is presumed to be the liquidator of the corporate debtor vides order dated 11.12.2024.
28. The applicant is directed to forward a copy of this Order to the RoC concerned and also to the IBBI for its records and for updating the status of the Corporate Debtor on the 'MCA Master data' within a period of 7 days from the date of this Order. 29. Accordingly, I.A(IBC) (DIS)/ 1 (CHE) / 2025 in CP(IB)/300 (CHE)/2021 stands allowed and disposed of.
-Sd- -Sd- RAVICHANDRAN RAMASAMY JYOTI KUMAR TRIPATHI MEMBER (TECHNICAL) MEMBER (JUDICIAL)
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