# In the matter of East West Logistics Pvt. Ltd. C.A. No. 161-CV-ND-2019 in IB-2372-ND-2019

> NCLT judgment dated 2019-12-20. Citation: TCN-2019-NCLT-00058. An application (CA-161/C-V/ND/2019) was filed by the Operational Creditor seeking termination…

- **Court:** NCLT
- **Order date:** 20 Dec 2019
- **Citation:** TCN-2019-NCLT-00058
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/east-west-logistics-pvt-ltd-ca-no-161-cv-nd-2019-in-ib-2372-nd-2019-37957d0c

## Summary

### Background

An application (CA-161/C-V/ND/2019) was filed by the Operational Creditor seeking termination of the Corporate Insolvency Resolution Process (CIRP). The order of admission was not communicated to the Interim Resolution Professional (IRP), and no steps were taken to invite claims or form the Committee of Creditors (CoC). The IRP, Mr. Alok, confirmed this fact.

## Facts

M/s. Aargus Global Logistics Pvt. Ltd. initiated a CIRP against M/s East West Logistics Pvt Ltd. An application, CA-161/C-V/ND/2019, was filed by the Operational Creditor to terminate the CIRP. The order admitting the CIRP was not communicated to the IRP, Mr. Alok, resulting in no claims being invited and no CoC being formed. The court considered the Apex Court's direction in 'Swiss Ribbons and Anr. Vs. Union of India' and terminated the CIRP, releasing the Corporate Debtor from the moratorium.

## Issues and analysis

### Issue 1: Whether the CIRP can be terminated prior to the constitution of the Committee of Creditors (CoC) …

**Ratio:** The CIRP can be terminated prior to the constitution of the CoC, especially when the

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**Reasoning:** The court relied on the direction given by the Hon'ble Apex Court in the matter of 'Swiss

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**Interpretation:** The interpretation of the 'Swiss Ribbons' case allows for the termination of

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**Application:** In this specific case, the order of admission was not communicated to the IRP,

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## Parties

- **Judges:** Ina Mal…; Saroj Ra…
- **Appellants:** M/s. Aargus…
- **Respondents:** M/s East West…

## Timeline

- **2019-12-20 — Order Del…**: The order was delivered on December 20, 2019, directing the termination of the CIRP…

## 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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