# In the matter of Omshri Devprocon Limited

> NCLT judgment dated 2025-07-03. Citation: TCN-2025-NCLT-00763. The case involves an application filed under Section 30 read with Section 31 of the Insolvency…

- **Court:** NCLT
- **Order date:** 3 Jul 2025
- **Citation:** TCN-2025-NCLT-00763
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-ahmedabad/omshri-devprocon-limited-d5d380a2

## Summary

### Background

The case involves an application filed under Section 30 read with Section 31 of the Insolvency and Bankruptcy Code, 2016, for the approval of a revised resolution plan submitted by Mr. Chintan N Patel for the Corporate Debtor, M/s Omshri Devprocon Limited. The application also seeks to condone a delay of 39 days in filing.

## Facts

The Operational Creditor, Aakar Construction, filed an insolvency application under Section 9 of the Code against the Corporate Debtor, M/s. Omshri Devprocon Limited, which was admitted on 04.08.2022.

The IRP made a public announcement in Form A dated 06.08.2024.

The Committee of Creditors (CoC) was constituted, comprising of two unsecured financial creditors, one operational creditor, and one from the EPFO department.

The CoC approved a resolution plan submitted by Mr. Chintan N Patel with a 100% voting share on 17.04.2023.

A previous resolution plan submitted by the same SRA was rejected by the Tribunal on 02.11.2023.

The Hon'ble NCLAT upheld the Tribunal's order rejecting the previous resolution plan and granted liberty to the RP to issue fresh Form G.

…

## Issues and analysis

### Issue 1: Whether the Resolution Plan complies with the provisions of the Insolvency and Bankruptcy Code, …

**Ratio:** The Resolution Plan does not

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**Reasoning:** The Tribunal found that the resolution plan did not adequately address the concerns

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**Interpretation:** The Tribunal interpreted the requirements of Section 30 of IBC to mandate a

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**Application:** The Tribunal applied this interpretation to the facts of the case and found

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## Parties

- **Judges:** Chitra Ha…; Velamur G Venkata…
- **Appellants:** Aakar Const…; Arpan Maheshkumar…
- **Respondents:** M/s. Omshri…
- **Other parties:** J. P. Manek…; Piramal Critical…; +2 more
- **Advocates:** Arjun Pad…

## Timeline

- **2022-08-04 — Admission of Insolvency…**: The insolvency application filed by the…
- **2024-08-06 — Public Annou…**: The IRP made a public…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 30 — Submission of resolution plan](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-30)

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