# In the matter of S.C Sekaran Vs. Amit Gupta & Ors. CA(AT)(Insolvency) 495 & 496-2018

> NCLAT judgment dated 2019-01-29. Citation: TCN-2019-NCLAT-00837. The case involves appeals against orders of liquidation passed by the Adjudicating Authority…

- **Court:** NCLAT
- **Order date:** 29 Jan 2019
- **Citation:** TCN-2019-NCLAT-00837
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/sc-sekaran-vs-amit-gupta-ors-ca-9efcce48

## Summary

### Background

The case involves appeals against orders of liquidation passed by the Adjudicating Authority (National Company Law Tribunal) Mumbai Bench under Section 33(1) of the Insolvency and Bankruptcy Code, 2016 ('I&B Code') for 'Hindustan Dorr-Oliver Limited' and ‘HDO Technologies Limited'. Earlier, resolution applicants had withdrawn their appeals. The appeals were preferred by the management of the corporate debtors.

## Facts

The management of 'Hindustan Dorr-Oliver Limited' and ‘HDO Technologies Limited' filed appeals against the orders of liquidation passed by the Adjudicating Authority (NCLT) Mumbai Bench. The orders were issued under Section 33(1) of the Insolvency and Bankruptcy Code, 2016. The Adjudicating Authority had directed liquidation of both companies. Earlier, resolution applicants had withdrawn their appeals. The court noted that there was no resolution plan in place. The learned counsel for the management (Appellant) submitted that the liquidator should keep the companies as a 'going concern' even during liquidation and can take steps under Section 230 of the Companies Act, 2013. The learned counsel for the liquidator submitted that the liquidator will ensure that both

…

## Issues and analysis

### Issue 1: Whether the liquidator is obligated to explore the possibility of the corporate debtor continuing …

**Ratio:** The Supreme Court in ‘Swiss Ribbons Pvt. Ltd. & Anr. vs. Union of India & Ors.'

…

**Reasoning:** The court reasoned that the primary focus of the legislation is to ensure the revival and

…

**Interpretation:** This interpretation emphasizes that the IBC prioritizes the revival of the

…

**Application:** The court applied this principle by directing the liquidator to proceed in

…

## Parties

- **Judges:** S.J. Mukhop…; Bansi Lal…
- **Appellants:** S.C. Se…
- **Respondents:** Hindustan…; Amit Gupta…

## Timeline

- **2018-06-25 — Orders of Liq…**: The Adjudicating Authority (National Company Law Tribunal) Mumbai Bench passed orders of…
- **2019-01-25 — Supreme Court…**: The Hon'ble Supreme Court in ‘Swiss Ribbons Pvt. Ltd. & Anr. vs. Union of India & Ors. –…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 230 — Delegation](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-230)

---

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/sc-sekaran-vs-amit-gupta-ors-ca-9efcce48