# ARUN KUMAR SINGH vs. GENIUS EXPORTS PRIVATE LIMITED & Ors.

> NCLAT judgment dated 2026-09-09. Citation: TCN-2026-NCLAT-00262. Four appeals were filed before the NCLAT, two by the operational creditor, Arun Kumar Singh,…

- **Court:** NCLAT
- **Order date:** 9 Sept 2026
- **Citation:** TCN-2026-NCLAT-00262
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/arun-kumar-singh-vs-genius-exports-private-limited-og86v

## Summary

### Background

Four appeals were filed before the NCLAT, two by the operational creditor, Arun Kumar Singh, and two by the erstwhile resolution professional, Parag Singhal. These appeals challenged an Adjudicating Authority (NCLT) order dated 17.09.2025, which rejected a resolution plan and ordered the liquidation of Genius Exports Private Limited (the corporate debtor) in I.A.3629 of 2022. The operational creditor also challenged the dismissal of his application (I.A.1221 of 2025) for withdrawal of the Corporate Insolvency Resolution Process (CIRP) under Section 12A of the IBC, following a settlement with the suspended director. The resolution professional's appeals additionally contested the Adjudicating Authority's choice of liquidator. The resolution plan, approved by the

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## Facts

Four appeals were filed before the NCLAT: C.A.1699 & 1700 of 2025 by the operational creditor, and C.A.1701 & 1702 of 2025 by the resolution professional.

These appeals challenged an Adjudicating Authority (NCLT) order dated 17.09.2025, which ordered liquidation in I.A.3629 of 2022.

The operational creditor also challenged the dismissal of I.A.1221 of 2025, an application for CIRP withdrawal under Section 12A of the Code.

The resolution professional challenged an order dated 08.10.2025 in I.A.4924 of 2025, where the Adjudicating Authority appointed a liquidator of its choice.

The insolvency proceeding of the corporate debtor, Genius Exports Private Limited, was progressing towards a successful resolution.

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## Issues and analysis

### Issue 1: Whether the Adjudicating Authority's order of liquidation under Section 33(1) of the Code, based on …

**Ratio:** Liquidation under Sec.33(1) is permissible only if no resolution plan is received within

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**Reasoning:** The Adjudicating Authority's approach was flawed as it treated the resolution applicant's

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**Interpretation:** Sec.33(1) must be strictly construed, and no additional conditions for

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**Application:** The Adjudicating Authority's order of liquidation based on the resolution

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## Parties

- **Judges:** N. Sesha…; Indevar P…
- **Appellants:** Arun Kumar…; PARAG SI…
- **Respondents:** Genius Exports…; Ruchir…; +1 more
- **Other parties:** Operational…; Shri. Yudhishter…
- **Advocates:** Deep B…; Astitwa…; +2 more

## Timeline

- **2022-05-22 — Resolution Plan…**: The resolution plan of Shri. Digvijay Nath Tripathi was approved by the Committee of…
- **2024-09-03 — Death of Resolution…**: Shri. Digvijay Nath Tripathi, the…

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This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclat-new-delhi/arun-kumar-singh-vs-genius-exports-private-limited-og86v