# In the matter of Educomp Infrastructure & School Management Ltd. CA No. 898-2019
 In CP (IB) No. 10-Chd-Hry-2018

> NCLT judgment dated 2020-12-14. Citation: TCN-2020-NCLT-00101. The case pertains to the Corporate Insolvency Resolution Process (CIRP) initiated against…

- **Court:** NCLT
- **Order date:** 14 Dec 2020
- **Citation:** TCN-2020-NCLT-00101
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/educomp-infrastructure-school-management-ltd-ca-no-898-2019-in-cp-ib-no-10-chd-h-6e2beec7

## Summary

### Background

The case pertains to the Corporate Insolvency Resolution Process (CIRP) initiated against Educomp Infrastructure & School Management Limited. The insolvency petition was filed under Section 10 of the Insolvency and Bankruptcy Code, 2016. The CIRP was initiated after the petition was admitted on 2018-04-25. An Interim Resolution Professional (IRP) was appointed, who then issued a public announcement inviting claims from creditors. The Committee of Creditors (CoC) was constituted, and several meetings were held to discuss the resolution process. The CIRP period was extended to facilitate interested resolution applicants. Several applications were filed during the process, including those seeking replacement of the RP and directions for liquidation. Ultimately, a

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## Facts

Educomp Infrastructure & School Management Limited (Corporate Debtor) underwent Corporate Insolvency Resolution Process (CIRP) initiated under Section 10 of the Insolvency and Bankruptcy Code, 2016. The CIRP was triggered by an application which was admitted on 2018-04-25. Mr. Manoj Maheshwari was appointed as the Interim Resolution Professional (IRP), later replaced by Mr. Ashwini Mehra. A public announcement was made, leading to claims of Rs. 11,98,26,06,870 from 8 Financial Creditors and Rs. 6,93,99,975 from 27 Operational Creditors. The Committee of Creditors (CoC) was formed. The RP appointed CBRE South Asia Pvt Ltd. and Ernst & Young Merchant Banking Services Pvt Ltd. to determine the fair value and liquidation value of the corporate debtor. Expression of

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## Issues and analysis

### Issue 1: Whether the resolution plan submitted by Mr. Parmjit Gandhi complies with the provisions of the …

**Ratio:** Section 31(1) of the Insolvency and Bankruptcy Code, 2016, states that if the

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**Reasoning:** The Adjudicating Authority examined the resolution plan and found that it complied with

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**Interpretation:** This section mandates that a resolution plan must adhere to all requirements

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**Application:** The Adjudicating Authority verified that the resolution plan submitted by Mr.

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## Parties

- **Judges:** Ajay Kumar…; RAGHU N…; +1 more
- **Appellants:** Educomp Infrastruc…
- **Respondents:** Educomp Infrastruc…; Committee of…

## Timeline

- **2018-04-25 — CIRP Init…**: CIRP initiated against Educomp Infrastructure & School Management Limited after the…
- **2018-04-26 — Public Annou…**: IRP issued a public announcement…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 19 — Personnel to extend co-operation to interim…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-19)

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