# In the matter of Forech India Pvt. Ltd. Vs. Tecpro Systems Ltd. & Ors. CA(AT)(Ins) No. 706 of 2019

> NCLAT judgment dated 2020-01-23. Citation: TCN-2020-NCLAT-00499. The case involves three appeals related to the acceptance of a Resolution Plan approved for…

- **Court:** NCLAT
- **Order date:** 23 Jan 2020
- **Citation:** TCN-2020-NCLAT-00499
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/forech-india-pvt-ltd-vs-tecpro-systems-ltd-ors-ca-1732fe46

## Summary

### Background

The case involves three appeals related to the acceptance of a Resolution Plan approved for M/s Kridhan Infrastructure Pvt. Ltd. concerning the Corporate Debtor, Tecpro Systems Ltd. The Impugned order approving the Resolution Plan was dated 2019-05-15. During the pendency of these appeals, an application was filed under Section 60(5) read with Section 33 of the Insolvency and Bankruptcy Code, 2016 (IBC). The Adjudicating Authority ordered the liquidation of the Corporate Debtor on 2020-01-16.

## Facts

The core facts are as follows: A Resolution Plan for Tecpro Systems Ltd., proposed by M/s Kridhan Infrastructure Pvt. Ltd., was approved. Appeals were filed against this approval. While these appeals were pending, the Adjudicating Authority ordered the liquidation of Tecpro Systems Ltd. under Section 33(4) of the IBC. The liquidation order was issued on 2020-01-16. The appeals before the NCLAT were then considered in light of this liquidation order. The relevance of the appeals hinges on the status of the liquidation order.

## Issues and analysis

### Issue 1: Whether the pending appeals against the approval of the Resolution Plan become infructuous due to …

**Ratio:** When a Corporate Debtor is ordered into liquidation, any pending appeals related to the

…

**Reasoning:** The court reasoned that the liquidation order fundamentally alters the status of the

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**Interpretation:** The interpretation of the law suggests that liquidation is a more drastic

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**Application:** In this case, the liquidation order of 2020-01-16 directly impacted the pending

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## Parties

- **Judges:** A.I.S. C…; KanthiNar…
- **Appellants:** Forech India Pvt.…
- **Respondents:** Tecpro Systems…

## Timeline

- **2019-05-15 — Impugned Ord…**: Date of the Impugned order approving the…
- **2020-01-16 — Liquidation…**: The Adjudicating Authority passed an order for the liquidation of the Corporate Debtor,…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 60(5) — Adjudicating Authority for corporate persons](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-60)

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