# In the matter of FLY EXPRESS LOGISTICS PRIVATE LIMITED

> NCLT judgment dated 2025-10-15. Citation: TCN-2025-NCLT-01508. The application was filed under Section 33(2) read with Section 60(5) of the Insolvency and…

- **Court:** NCLT
- **Order date:** 15 Oct 2025
- **Citation:** TCN-2025-NCLT-01508
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-allahabad/fly-express-logistics-private-limited-2eae61eb

## Summary

### Background

The application was filed under Section 33(2) read with Section 60(5) of the Insolvency and Bankruptcy Code, 2016, seeking to initiate the liquidation process against Fly Express Logistics Private Limited.

## Facts

CIRP was initiated against Fly Express Logistics Private Limited on 26/09/2023.

The RP faced difficulties in collating information due to the non-availability of books of accounts and non-cooperation from the suspended directors.

The RP filed IA NO. 637/2023 under Section 19(2) on 07.12.2023, which remains pending.

A public announcement was published on 02.10.2023, inviting creditors to submit their claims.

The initial CIRP period of 180 days expired on 24.03.2024.

The CoC decided to move a Liquidation Application as no resolution plan was feasible.

The CoC unanimously resolved to liquidate the Corporate Debtor under Section 33(2) of the IBC in the 7th CoC meeting held on 17.03.2025.

Mr. Krit Narayan Mishra was proposed as the Liquidator.

## Issues and analysis

### Issue 1: Whether the application for liquidation under …

**Ratio:** Section 33(2) of the IBC allows the Adjudicating Authority to pass a liquidation order if

…

**Reasoning:** The CoC unanimously resolved to liquidate the Corporate Debtor as no resolution plan was

…

**Interpretation:** The Adjudicating Authority has the power to order liquidation when the CoC

…

**Application:** The Tribunal allowed the application for liquidation under Section 33(2) of the

…

## Parties

- **Judges:** Praveen…; Ashish…
- **Appellants:** KRIT NARAYAN…
- **Respondents:** Fly Express…
- **Other parties:** Hinduja Leyland…
- **Advocates:** Srijan Me…

## Timeline

- **2023-09-26 — CIRP Init…**: Corporate Insolvency Resolution Process (CIRP) was initiated against Fly Express…
- **2023-10-02 — Public Annou…**: A public announcement was published,…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 33(2) — Initiation of liquidation](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-33)

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