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Pm Cold Storage Private Limited vs Goouksheer Farm Fresh Private Limited ...

National Company Law Appellate Tribunal25 July 2024Ashok Bhushan

Ratio decidendi

The rule this decision rests on

Where the CIRP period of 180 days has expired without a resolution plan being received, and Form-G has been issued twice without any expression of interest, the Adjudicating Authority is bound under Section 33 to direct liquidation of the corporate debtor, and no other option is open. Liquidation is the only remedy available once the CIRP period has lapsed without a resolution plan, so the lapse of time since expiry of that period does not render the direction to liquidate open to interference on appeal; the liquidator remains obliged under the Liquidation Regulations to initiate the sale of the corporate debtor as a going concern, and a scheme may be submitted in accordance with law.

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

Judgment

As delivered

NATIONAL COMPANY LAW APPELLATE TRIBUNALPRINCIPAL BENCH, NEW DELHICompany Appeal (AT) (Insolvency) No. 1418 of 2024&I.A. No. 5155 of 2024

IN THE MATTER OF: P.M. Cold Storage Pvt. Ltd. ...Appellant Versus Goouksheer Farm Fresh Pvt. Ltd. & Ors. ...Respondents

Present: For Appellant : Mr. Kumar Shashwat Singh Sawno, Ms. Vijaya Singh and Mr. Rahul Kanoujia, Advocates.

For Respondents :

ORDER

(Hybrid Mode)

25.07.2024 I.A. No. 5155 of 2024

1. This is an Application praying for condonation of 10 days delay in filing

of the Appeal.

2. Sufficient cause has been shown in paragraphs 4 & 5.

Delay is condoned.

Comp. App. (AT) (Ins.) No. 1418 of 2024

1. Heard Counsel for the Appellant.

2. This Appeal has been filed against an order dated 05.06.2024 by which

order, the Adjudicating Authority has allowed the I.A. 751/2020 filed for

Liquidation of the Corporate Debtor.

3. Learned Counsel for the Appellant submits that the Committee of

Creditors (CoC) which passed the Resolution for liquidation was not properly

constituted, which dispute came to be decided holding that the Appellant is

only Member of the CoC on 14.09.2022 hence the Resolution which was passed by the invalid CoC could not be relied for passing an order of

Liquidation.

4. We have considered the submission of Counsel for the Appellant and

perused the record.

5. From the facts which have been noted by the Adjudicating Authority in

the Impugned Order, it is clear that 180 days of CIRP expired on 23.08.2020

twice Form-G was issued but no Expression of Interest (EoI) was received

which has been noted in paragraph 4 of the Impugned Order. The 180 days

having expired on 23.08.2020 there is no other option accept to direct for

Liquidation since no Resolution Plan has been received in CIRP of the

Corporate Debtor despite twice issuing the Form-G.

6. Under Section 33, it was clearly enjoined to issue a direction for

Liquidation and thus in view of the lapse of time i.e., about four years from

expiry of the period of CIRP, Liquidation is only option hence on this ground

we are unable to interfere with the order impugned, however, in the

Liquidation, Liquidator as per the Liquidation Regulation is obliged to initiate

process for sale of the Corporate Debtor as a going concern as per Regulation.

It is always open for the submission of the scheme in accordance with law as

per the Regulation.

With these observations, we dismiss the Appeal.

[Justice Ashok Bhushan] Chairperson

[Arun Baroka] Member (Technical) himanshu/nn Comp. App. (AT) (Ins.) No. 1418 of 2024 & I.A. No. 5155 of 2024 2 of 2

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