# In the matter of Alliance Restaurant & bars Private Limited CP (IB) 140-MB-C-II-2020

> NCLT judgment dated 2021-06-25. Citation: TCN-2021-NCLT-01922. The case pertains to a Company Petition filed by Alliance Restaurant & Bars Private Limited…

- **Court:** NCLT
- **Order date:** 25 Jun 2021
- **Citation:** TCN-2021-NCLT-01922
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/alliance-restaurant-bars-private-limited-cp-ib-140-mb-c-ii-2020-58595dd8

## Summary

### Background

The case pertains to a Company Petition filed by Alliance Restaurant & Bars Private Limited under Section 10 of the Insolvency and Bankruptcy Code, 2016, for initiation of the Corporate Insolvency Resolution Process (CIRP). The corporate applicant, incorporated on 11.09.2011, is engaged in the business of Hotel and Restaurants. The shareholders and the board of directors passed resolutions approving the filing of the application for CIRP.

## Facts

Alliance Restaurant & Bars Private Limited filed a Company Petition under Section 10 of the Insolvency and Bankruptcy Code, 2016, seeking to initiate the Corporate Insolvency Resolution Process (CIRP). The company, incorporated on 11.09.2011, operates in the hotel and restaurant business. The company's registered office is located in Mumbai. The shareholders passed a resolution on 02.04.2019, and the Board of Directors passed a resolution on 24.05.2019, approving the filing of the application for CIRP. The corporate applicant stated that the total debt payable is Rs. 6,59,96,736/-. The applicant also owes Rs. 11,10,048/- to the Government of India towards VAT, PF damages and Profession Tax Payable. The petition included various documents such as resolutions,

…

## Issues and analysis

### Issue 1: Whether the Corporate Applicant has committed a default under Section 10 of the Insolvency and …

**Ratio:** Section 10 of the Insolvency and Bankruptcy Code, 2016, allows a corporate applicant to

…

**Reasoning:** The court, after reviewing the petition and supporting documents, concluded that the

…

**Interpretation:** Section 10 provides the mechanism for a corporate debtor to initiate insolvency

…

**Application:** The court applied the principle that a default had occurred based on the

…

## Parties

- **Judges:** Bhaskara Pantula…; Ravikumar…; +1 more
- **Respondents:** ALLIANCE RESTAURAN…

## Timeline

- **2011-09-11 — Incorporati…**: Alliance Restaurant & Bars…
- **2019-04-02 — Shareholders R…**: Shareholders of the Corporate Applicant passed a Special Resolution approving to file an…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 14(1) — Moratorium](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-14)

---

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/nclt-chandigarh/alliance-restaurant-bars-private-limited-cp-ib-140-mb-c-ii-2020-58595dd8