# In the matter of Amira Pure Foods Pvt. Ltd. IB-846(ND)-2018

> NCLT judgment dated 2019-08-26. Citation: TCN-2019-NCLT-01796. The case involves M/s Baru Mal Vinod Kumar as the petitioner and M/s Amira Pure Foods Pvt. Ltd.…

- **Court:** NCLT
- **Order date:** 26 Aug 2019
- **Citation:** TCN-2019-NCLT-01796
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/amira-pure-foods-pvt-ltd-ib-846nd-2018-ac825cc0

## Summary

### Background

The case involves M/s Baru Mal Vinod Kumar as the petitioner and M/s Amira Pure Foods Pvt. Ltd. as the respondent under Section 9 of the IBC. The Resolution Professional (RP) reported non-cooperation from the Directors of the company. Ruchin Middha, Advocate, representing the Managing Director of the company, requested time to file documents. The time for the RP to complete the resolution process was set to expire on 07.09.2019.

## Facts

M/s Baru Mal Vinod Kumar initiated a corporate insolvency resolution process against M/s Amira Pure Foods Pvt. Ltd. under Section 9 of the IBC. The Resolution Professional (RP) reported non-cooperation from the Directors of Amira Pure Foods. The Managing Director's advocate sought time to file documents. The RP's deadline was approaching. The court also addressed other applications, including CA No. 522 of 2019 regarding the auditor's submission of documents, CA No. 588 of 2019 and CA 639 of 2019 regarding notice to ROC, and CA No. 730 of 2019 regarding the sale of vehicles. The vehicles to be sold include a Honda Accord, a Mercedes Benz, a BMW, and a Jaguar/Land Rover. The court referred the matter to IBBI due to the non-cooperation of the directors.

## Issues and analysis

### Issue 1: Whether the non-cooperation of the Directors of the company warrants referral to the IBBI for …

**Ratio:** The IBBI is the regulatory body responsible for overseeing insolvency proceedings and

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**Reasoning:** The court found it necessary to refer the matter to the IBBI to ensure the integrity of

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**Interpretation:** The IBC mandates cooperation from the company's management during the

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**Application:** Given the reported non-cooperation, the court applied its discretion to refer

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## Parties

- **Judges:** SHRI. P.S.N.…; V.K. SUB…
- **Appellants:** M/s Baru Mal…
- **Respondents:** M/s. Amira Pure…

## Timeline

- **2019-08-26 — Order Del…**: Order delivered by the…
- **2019-09-07 — RP Deadl…**: The time granted for completing the Resolution…

## 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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