# In the matter of Alliance Projects Vs. RP of Ind-Barath Power (Madras Ltd.) CA(AT)(Insolvency) No. 687-2019

> NCLAT judgment dated 2019-07-05. Citation: TCN-2019-NCLAT-00478. The case involves an appeal against an order dated April 22, 2019, passed by the Adjudicating…

- **Court:** NCLAT
- **Order date:** 5 Jul 2019
- **Citation:** TCN-2019-NCLAT-00478
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/alliance-projects-vs-rp-of-ind-barath-power-a00c616a

## Summary

### Background

The case involves an appeal against an order dated April 22, 2019, passed by the Adjudicating Authority (National Company Law Tribunal), Hyderabad Bench, Hyderabad, which ordered the liquidation of Ind-Barath Power (Madras) Ltd. (Corporate Debtor). The appellant, a Resolution Applicant, filed the appeal. The Adjudicating Authority ordered liquidation after the resolution plans submitted by the Appellant were rejected by the Committee of Creditors for being unviable and infeasible, and more than 270 days had passed.

## Facts

Alliance Projects filed an appeal against the order of the Adjudicating Authority (NCLT, Hyderabad Bench) dated April 22, 2019, which ordered the liquidation of Ind-Barath Power (Madras) Ltd. Alliance Projects was a Resolution Applicant. The resolution plans submitted by Alliance Projects were rejected by the Committee of Creditors (CoC) because they were deemed unviable and infeasible. The information memorandum was issued close to the completion of the 270-day period. More than 270 days had passed, leaving the Adjudicating Authority with no option but to order liquidation. The Appellate Tribunal considered the provisions of Section 230 of the Companies Act, 2013, and referred to previous judgments, including 'Y. Shivram Prasad vs. S. Dhanpal & Ors.' and 'S.C.

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## Issues and analysis

### Issue 1: Whether the Adjudicating Authority was justified in …

**Ratio:** The Adjudicating Authority is justified in ordering liquidation when resolution plans are

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**Reasoning:** The Adjudicating Authority had no other option but to pass an order of liquidation as the

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**Interpretation:** The interpretation of the Insolvency and Bankruptcy Code (IBC) emphasizes the

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**Application:** In this case, the resolution plans submitted by Alliance Projects were rejected

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## Parties

- **Judges:** S.J. Mukhop…; A.I.S. C…; +1 more
- **Appellants:** Alliance Pr…
- **Respondents:** Ind-Barath Power…; RP of Ind-Barath…

## Timeline

- **2019-04-22 — Order by Adjudicating…**: The Adjudicating Authority (National Company Law Tribunal), Hyderabad Bench, Hyderabad,…
- **2019-05-07 — Appeal F…**: The Appellant, one of the ‘Resolution Applicant' has preferred this appeal against the…

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