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In the matter of Venerate Trading Private Limited

National Company Law Tribunal4 October 2023

Ratio decidendi

The rule this decision rests on

Where the Liquidator has completely liquidated the assets of the corporate debtor and the Corporate Debtor has no other assets to be liquidated, the Adjudicating Authority may, on the Liquidator's application under Section 54(1) of the Insolvency and Bankruptcy Code, 2016, order that the corporate debtor be dissolved from the date of that order, and such an order is to be forwarded to the authority with which the corporate debtor is registered.

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

Judgment

As delivered

THE NATIONAL COMPANY LAW TRIBUNALMUMBAI BENCH, C-IIA-1586/MB/2022inCP(IB)-3520/MB/2018Under Section 54 of Insolvency andBankruptcy Code, 2016 read withRegulation 14 of Insolvency andBankruptcy Board of India (LiquidationProcess) Regulations, 2016Interlocutory Application of:Amit Chandrakant Pandya..Applicant(Liquidator of Venerate Trading PrivateLimitedIn the matter ofInfolink Solutions Private Limited... Operational Creditorv/sVenerate Trading Private Limited.. Corporate DebtorOrdered delivered on: 04.10.2023Coram:Mr. Prabhat Kumar Justice Mr. V,G. BishtHon’ble Member (Technical) Hon’ble Member (Judicial)Appearances (via videoconferencing):For the Petitioner : Mr. Avinash R. Khanolkar, AdvocateIN THE NATIONAL COMPANY LAW TRIBUNALMUMBAI BENCH : C-IIA-1586/2022 in C.P.(IB)-3520/MB/2018

O R D E R

Per: Prabhat Kumar, Member (Technical)

1. This is an application filed by the Liquidator seeking an Order under Section 54 read with Regulation 45(3) of Insolvency and Bankruptcy Board of India (Liquidation Process) Regulations, 2016 seeking “Dissolution” of Corporate Debtor.

2. The Adjudicating Authority directed initiation of the Corporate Insolvency Resolution Process (CIRP) against the Corporate Debtor namely “Venerate Trading Private Limited” vide its order dated 29.03.2019 on a Petition filed by the Operational Creditor under Section 9 of the Code.

3. Thereafter, on 24.11.2020, Liquidation process against the Corporate Debtor was initiated by this Tribunal and the Applicant was appointed as the Liquidator of the Corporate Debtor. As a consequence, Public Announcement in Form-B under Regulation 12 of the IBBI (Liquidation Process) was made on 12.07.2022 in two newspapers namely Navshakti (Marathi), Free Press Journal (English) both circulated in the locality of Corporate Debtor on 27.11.2020.

4. The applicant has intimated RoC vide Form INC28 about the commencement of Liquidation and for change of status as “Under Liquidation”, the same was approved.

5. The new bank account opened on 13.01.2021 having account No. 009605000315 with ICICI Bank (for Liquidation) which has been closed on 12.05.2022.

IN THE NATIONAL COMPANY LAW TRIBUNAL MUMBAI BENCH : C-I IA-1586/2022 in C.P.(IB)-3520/MB/2018

6. The Liquidator has filed final Report dated 26.05.2022 in relation to liquidation of the Corporate Debtor with the Adjudicating Authority along with Compliance Certificate in Form – H in terms of Regulation 45 of the Liquidation Process Regulation.

7. Since, the Corporate Debtor does not have any other assets to be liquidated, hence the liquidator filed present Application for the “Dissolution of the Corporate Debtor” u/s 54 of IBC which provides as under : “54. (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 subsection (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.

8. In view of facts stated above, this is a fit case for dissolution of the Corporate Debtor under Section 54 of The Insolvency and Bankruptcy Code, 2016. Ordered accordingly. The Corporate Debtor stands ‘Dissolved’ from the date of this Order.

IN THE NATIONAL COMPANY LAW TRIBUNAL MUMBAI BENCH : C-I IA-1586/2022 in C.P.(IB)-3520/MB/2018

9. Copy of this Order shall be forwarded within 7 (seven) days to the concerned authorities and the Registrar of Companies having jurisdiction, for further necessary action as prescribed under Law.

10. Accordingly, IA-1586/MB/2022 is hereby allowed and disposed of. 11. C.P. 3520/MB/2018 to be closed. The Case Records be consigned to Record Room.

Sd/- Sd/- Prabhat Kumar Justice V.G. Bisht Member (Technical) Member (Judicial)

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