# In the matter of Baffin Engineering Projects Ltd. IA 302-2019 in C.P. (IB) No. 395-NCLT-AHM-2018

> NCLT judgment dated 2019-07-19. Citation: TCN-2019-NCLT-02414. The case involves an application filed on behalf of the resolution professional seeking an…

- **Court:** NCLT
- **Order date:** 19 Jul 2019
- **Citation:** TCN-2019-NCLT-02414
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/baffin-engineering-projects-ltd-ia-302-2019-in-cp-ib-no-395-nclt-ahm-2018-1802eae3

## Summary

### Background

The case involves an application filed on behalf of the resolution professional seeking an order for the liquidation of the Corporate Debtor, Baffin Engineering Projects Limited. The company's registration number is L29199GJ1995PLC027455, and it has a registered office with the ROC, Gujarat. The CIRP was initiated based on a petition filed by Uniworld Telecom Limited under Section 7 of the Insolvency & Bankruptcy Code, and an IRP was appointed.

## Facts

Uniworld Telecom Limited filed a petition under Section 7 of the Insolvency & Bankruptcy Code, leading to the commencement of the Corporate Insolvency Resolution Process (CIRP) for Baffin Engineering Projects Limited. The Committee of Creditors (COC) convened its fourth meeting on April 2, 2019, and resolved to recommend the liquidation of the Corporate Debtor due to the absence of any received resolution plan. The COC members unanimously voted in favor of liquidation. The resolution professional, Lekhraj Bajaj, was appointed as the liquidator. The Adjudicating Authority considered the application for liquidation, along with the annexed records, and determined that a liquidation order should be passed. The company's registration number is L29199GJ1995PLC027455, and

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## Issues and analysis

### Issue 1: Whether the application for liquidation of the Corporate Debtor, Baffin Engineering Projects …

**Ratio:** The legal principle applied is that if no resolution plan is received and the COC

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**Reasoning:** The court reasoned that since the COC had unanimously voted in favor of liquidation due

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**Interpretation:** The interpretation is that the Adjudicating Authority gives significant weight

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**Application:** The ratio and reasoning were applied to the specific facts of the case, where

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## Parties

- **Judges:** Harihar Prakash…; Manorama…
- **Respondents:** Baffin Engineering…

## Timeline

- **2019-04-02 — COC Meet…**: The COC in its fourth meeting resolved to recommend liquidation due to the absence of a…
- **2019-07-19 — Order Da…**: The Adjudicating Authority allowed IA no. 302 of 2019 and disposed of it, ordering the…

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