# 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-00098. The case pertains to the Corporate Insolvency Resolution Process (CIRP) initiated against…

- **Court:** NCLT
- **Order date:** 14 Dec 2020
- **Citation:** TCN-2020-NCLT-00098
- **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-9dccbc92

## Summary

### Background

The case pertains to the Corporate Insolvency Resolution Process (CIRP) initiated against Educomp Infrastructure & School Management Limited. The insolvency petition was filed by the corporate debtor itself under Section 10 of the Insolvency and Bankruptcy Code, 2016. The CIRP was initiated following an order dated 25.04.2018. An Interim Resolution Professional (IRP) was appointed, followed by the constitution of a Committee of Creditors (CoC). The IRP was later replaced by Mr. Ashwini Mehra as the Resolution Professional (RP). The RP sought approval for a resolution plan submitted by Mr. Parmjit Gandhi, which was approved by 100% of the CoC.

## Facts

Educomp Infrastructure & School Management Limited faced insolvency, leading to the initiation of CIRP under Section 10 of the IBC. The CIRP commenced on 25.04.2018. Mr. Manoj Maheshwari was initially appointed as the Interim Resolution Professional (IRP), but was later replaced by Mr. Ashwini Mehra. Public announcements were made, inviting claims from creditors. The IRP received claims amounting to 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, and several meetings were held. The CoC extended the CIRP period to facilitate the submission of resolution plans. Initially, 21 potential resolution applicants expressed interest, but only three submitted plans, including one

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## Issues and analysis

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

**Ratio:** Section 30(2) of the IBC outlines the mandatory requirements that a resolution plan must

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**Reasoning:** The Adjudicating Authority examined the resolution plan to ensure it met all the

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**Interpretation:** Section 30(2) sets a minimum threshold for the content and structure of a

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**Application:** The resolution plan was found to comply with Section 30(2) because it provided

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## Parties

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

## Timeline

- **2018-04-25 — CIRP Init…**: CIRP initiated against Educomp…
- **2018-04-25 — Appointment…**: Mr. Manoj Maheshwari appointed as…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 14 — Moratorium](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-14)

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