# In the matter of Adharshlia Country Homes Pvt. Ltd. IB-1489-ND-2018

> NCLT judgment dated 2020-08-07. Citation: TCN-2020-NCLT-00889. The case involves an application for urgent hearing, IA 2408/ND/2020, which was allowed on…

- **Court:** NCLT
- **Order date:** 7 Aug 2020
- **Citation:** TCN-2020-NCLT-00889
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/adharshlia-country-homes-pvt-ltd-ib-1489-nd-2018-3e39b6be

## Summary

### Background

The case involves an application for urgent hearing, IA 2408/ND/2020, which was allowed on 20.07.2020. The Resolution Professional (RP) was previously directed to act as liquidator until a liquidator was appointed. The Committee of Creditors (CoC) informed that they were unable to finalize the name of the liquidator.

## Facts

An application for urgent hearing, IA 2408/ND/2020, was allowed on 20.07.2020. The RP was initially directed to act as liquidator. The CoC informed the Tribunal that they could not finalize the name of the liquidator. The Tribunal was requested to appoint a liquidator. Mr. Akhilesh Kumar Maheshwari was appointed as the liquidator. The case was posted to 18.08.2020.

## Issues and analysis

### Issue 1: Whether the Tribunal should appoint a liquidator …

**Ratio:** The Tribunal has the authority to appoint a liquidator when the CoC fails to do so,

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**Reasoning:** The CoC's inability to finalize a liquidator necessitates the Tribunal's intervention to

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**Interpretation:** The legal interpretation allows the Tribunal to step in and appoint a

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**Application:** Given the CoC's failure, the Tribunal applied its authority and appointed Mr.

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## Parties

- **Judges:** P.S.N. P…; SUMITAPURKA…
- **Appellants:** Anuj Kumar…
- **Respondents:** Adharshlia…

## Timeline

- **2020-07-20 — Urgent Hearing…**: IA 2408/ND/2020, an application…
- **2020-07-20 — Order Da…**: Pursuant to the order dated…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 9 — Application for initiation of corporate insolvency…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-9)

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