# In the matter of Ajay Vij & Ors. vs. Abhishek Dutta & Ors.

> NCLAT judgment dated 2025-02-28. Citation: TCN-2025-NCLAT-00191. The appeals were filed against orders dated 17.05.2021 and 04.08.2021 passed by the National…

- **Court:** NCLAT
- **Order date:** 28 Feb 2025
- **Citation:** TCN-2025-NCLAT-00191
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/ajay-vij-ors-vs-abhishek-dutta-ors-42fb1c9c

## Summary

### Background

The appeals were filed against orders dated 17.05.2021 and 04.08.2021 passed by the National Company Law Tribunal (NCLT), New Delhi. The NCLT found the appellants guilty of perjury and imposed a fine of Rs. 2 lakh on each. The NCLT also directed the Resolution Professional (RP) to initiate perjury proceedings against Mr. Ajay Vij. The core issue revolves around the conversion of a company into a Limited Liability Partnership (LLP) and allegations of providing incorrect information during the conversion process, specifically in Form No. 18 submitted to the Registrar of Companies (ROC).

## Facts

1. The National Company Law Tribunal (NCLT) found the appellants guilty of perjury and imposed a fine of Rs. 2 lakh each, directing the RP to initiate perjury proceedings against Mr. Ajay Vij.
2. The appeals challenge the NCLT's orders dated 17.05.2021 and 04.08.2021.
3. The core issue is the conversion of a company into a Limited Liability Partnership (LLP) and allegations of incorrect information in Form No. 18 to the ROC.
4. An insolvency petition under Section 9 of the IBC was filed against the Corporate Debtor on 25.04.2018, and CIRP commenced on 14.03.2019.
5. Form No. 18, dated 03.11.2018, contained a declaration by Mr. Ajay Vij stating that no proceedings were pending against the company.
6. The NCLT concluded that the company intentionally converted into an LLP to

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## Issues and analysis

### Issue 1: Whether the appellants committed perjury by providing incorrect information in Form No. 18 to the …

**Ratio:** A wrong declaration in Form 18 allegedly made inadvertently before the ROC cannot be said

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**Reasoning:** The NCLAT reasoned that the declaration in Form No. 18 was only required to facilitate

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**Interpretation:** The court interpreted that the act of providing incorrect information must be

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**Application:** The NCLAT applied the ratio to the facts and found that the appellants' actions

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## Parties

- **Judges:** Yogesh K…; Mr Ajai Das…
- **Appellants:** Ajay…
- **Respondents:** Solutions…; Mr Abhishek…

## Timeline

- **2018-04-25 — Application under…**: An application under Section 9 of the IBC…
- **2018-10-01 — Reply filed by…**: Ajay Vij filed a reply in…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 199 — No person to function as insolvency professional…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-199)

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