# In the matter of Aviskar Meditech Private Limited  C.P. (IB)N. 23-BB-2021

> NCLT judgment dated 2021-03-24. Citation: TCN-2021-NCLT-02585. The case pertains to the voluntary liquidation of M/s. Aviskar Meditech Private Limited under…

- **Court:** NCLT
- **Order date:** 24 Mar 2021
- **Citation:** TCN-2021-NCLT-02585
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/aviskar-meditech-private-limited-cp-ibn-23-bb-2021-c05bb25a

## Summary

### Background

The case pertains to the voluntary liquidation of M/s. Aviskar Meditech Private Limited under Section 59(7) of the Insolvency and Bankruptcy Code (IBC), 2016, read with the IBBI (Voluntary Liquidation Process) Regulations, 2017. The company, incorporated on December 12, 2012, decided to terminate its business activities and initiate voluntary winding up. The Board of Directors resolved to liquidate the company on March 21, 2019, and a special resolution was passed by the members on March 29, 2019. The company informed the Registrar of Companies (ROC) and the IBBI, made a public announcement seeking claims from stakeholders, and informed various authorities like the Income Tax Department and RBI.

## Facts

M/s. Aviskar Meditech Private Limited, incorporated on 12.12.2012, with an authorized share capital of Rs. 50,00,000 and issued, paid-up capital of Rs. 25,00,000, decided to terminate its business activities. The Board of Directors resolved to voluntarily liquidate the company on 21.03.2019, and a special resolution was passed on 29.03.2019. The company informed the ROC and IBBI on 02.04.2019 and 04.04.2019, respectively. A public announcement was made on 02.04.2019, seeking claims from stakeholders. The liquidator informed various authorities, including the Income Tax Department and RBI. The liquidator received a No Dues Certificate from the Income Tax Department on 27.02.2020, and a NIL assessment order from VAT. The PF Department certified the establishment as

…

## Issues and analysis

### Issue 1: Whether the Applicant Company has followed due process of law before filing the instant …

**Ratio:** Section 59 of the Insolvency and Bankruptcy Code, 2016, read with the IBBI (Voluntary

…

**Reasoning:** The NCLT reviewed the actions taken by the liquidator, including informing relevant

…

**Interpretation:** Section 59 of the IBC and the IBBI Regulations are interpreted to ensure that

…

**Application:** In this case, the liquidator demonstrated compliance with Section 59 by

…

## Parties

- **Judges:** Rajeswara Rao…; Ashutosh C…
- **Appellants:** Dilip Kumar…
- **Respondents:** Aviskar Meditech…; The Registrar of…

## Timeline

- **2012-12-12 — Company Incor…**: M/s. Aviskar Meditech Private…
- **2019-03-21 — Board Reso…**: The Board of Directors resolved to…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 59(7) — Voluntary liquidation of corporate persons](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-59)

---

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/aviskar-meditech-private-limited-cp-ibn-23-bb-2021-c05bb25a