# In the matter of MRG Estates LLP vs. Akash Singhal Liquidator Amira Pure Foods Pvt. Ltd. & Ors. W.P.(C) 10023/2020

> HC judgment dated 2020-12-15. Citation: TCN-2020-HC-00002. MRG Estates LLP filed a writ petition in the High Court of Delhi against Akash Shinghal, the…

- **Court:** HC
- **Order date:** 15 Dec 2020
- **Citation:** TCN-2020-HC-00002
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/high-courts-chandigarh-bench/mrg-estates-llp-vs-akash-singhal-liquidator-amira-pure-foods-pvt-ltd-ors-wp-b84252ed

## Summary

### Background

MRG Estates LLP filed a writ petition in the High Court of Delhi against Akash Shinghal, the liquidator of Amira Pure Foods Private Limited, and others. The petitioner sought a mandamus directing the liquidator to hold an e-auction sale of Amira Pure Foods Pvt. Ltd. using the Swiss Challenge method. The petitioner also sought directions regarding the sale of immovable property and the issuance of regulations/guidelines for liquidators/resolution professionals under Section 196(1)(t) of the IBC.

## Facts

MRG Estates LLP filed a writ petition seeking a mandamus to direct the liquidator of Amira Pure Foods Private Limited to conduct an e-auction sale using the Swiss Challenge method. The petitioner also sought directions regarding the sale of immovable property and the issuance of regulations/guidelines for liquidators/resolution professionals. The Stakeholder Consultation Committee (SCC) had previously rejected the adoption of the Swiss Challenge method. The petitioner argued that the method is permitted in other sectors and the regulations should be reconsidered. The court considered the arguments and directed the respondent to consider the petition as a representation on the issue of adopting the Swiss Challenge method.

## Issues and analysis

### Issue 1: Whether the liquidator should be directed to hold an e-auction sale of the Corporate Debtor, Amira …

**Ratio:** The court considered the Stakeholder Consultation Committee's (SCC) opinion against

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**Reasoning:** The court considered the arguments from both sides, including the SCC's opinion and the

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**Interpretation:** The court interpreted the existing regulations and the SCC's opinion in the

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**Application:** The court applied the reasoning by directing the respondent to consider the

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## Parties

- **Judges:** NAVIN C…
- **Appellants:** MRG ESTAT…
- **Respondents:** Amira Pure Foods…; Akash Shi…

## Timeline

- **2020-12-10 — Stakeholder Consultation…**: The contents of the present petition were placed before the Stakeholder Consultation…
- **2020-12-15 — Order Da…**: The Court disposed of the petition, directing respondent no. 11 to consider the…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 196(1) — Powers and functions of Board](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-196)

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