Home Case Index All Cases Insolvency and Bankruptcy Insolvency and Bankruptcy + Tri Insolvency and Bankruptcy - 2022 (2) TMI Tri This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2022 (2) TMI 550 - Tri - Insolvency and BankruptcyLiquidation of the Corporate Debtor - no resolution plan was received - Appointment of liquidator - section 33(2) of the Insolvency & Bankruptcy Code, 2016 - HELD THAT:- Section 33 of the Code enjoins the Adjudicating Authority to pass an order for liquidation of the Corporate Debtor where the resolution professional, at any time during the CIRP but before confirmation of the resolution plan, intimates the Adjudicating Authority of the decision of the CoC approved by not less than sixty-six percent of the voting share, to liquidate the Corporate Debtor - In the present case, the CoC has resolved by 100% voting share to liquidate the Corporate Debtor. Prayers as sought for in application filed by Mr. Anshul Gupta RP of Shamken Cotsyn Limited, the Corporate Debtor, is allowed and the Corporate Debtor is ordered to be liquidated in terms of section 33(2) of the Code read with sub-section (1) thereof - liquidator as provided under section 34(1) of the Code is appointed - application allowed.
|