# In the matter of Ex-Servicemans Multipurpose Services India Pvt. Ltd. MA-1101 & 1701/2019 in C.P. (IB)-1638(MB)-2017

> NCLT judgment dated 2019-09-17. Citation: TCN-2019-NCLT-01436. The case involves applications MA-1101/2019 and MA-1701/2019 before the National Company Law…

- **Court:** NCLT
- **Order date:** 17 Sept 2019
- **Citation:** TCN-2019-NCLT-01436
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/ex-servicemans-multipurpose-services-india-pvt-ltd-ma-1101-17012019-in-cp-ib-163-992307b4

## Summary

### Background

The case involves applications MA-1101/2019 and MA-1701/2019 before the National Company Law Tribunal (NCLT), Mumbai Bench. MA-1101/2019 is an application by the Ex-IRP regarding outstanding invoices. MA-1709/2019 seeks an order under section 33(1) of the I&B Code for liquidation, as the Committee of Creditors (COC) decided to liquidate the assets due to a lack of resolution plans.

## Facts

Archit Kaushal filed a case against Ex-Servicemans Multipurpose Services India Pvt Ltd. The case involves two applications: MA-1101/2019, filed by the Ex-IRP, concerning outstanding invoices amounting to Rs. 1,52,000 for the period 04.06.2018 to 13.07.2018. The RP is directed to issue a cheque of Rupees One Lakh to settle the issue. MA-1709/2019 seeks an order under section 33(1) of the I&B Code for liquidation. The COC, in a meeting held on 26.04.2019, resolved to liquidate the assets of the debtor company due to the absence of resolution plans following two EOIs dated 12.01.2019 and 09.02.2019. The RP, Mr. Rajeev Bal Sawangikar, consented to work as a Liquidator. The Ex-Promoter Director placed an affidavit in reply to the show cause notice dated 01.04.2019. The

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## Issues and analysis

### Issue 1: Whether the application MA-1101/2019 by the Ex-IRP regarding outstanding invoices should be …

**Ratio:** Mutual consent to settle the issue allows the RP to issue a cheque from the available

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**Reasoning:** The court observed that a mutual agreement was reached to settle the outstanding invoices

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**Interpretation:** This demonstrates the court's willingness to facilitate settlements and resolve

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**Application:** The RP was directed to issue a cheque of Rupees One Lakh to the RP to be paid

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## Parties

- **Judges:** M.K. Sh…; Chandra Bha…
- **Appellants:** Archit Ka…
- **Respondents:** Ex-Servicemans…

## Timeline

- **2019-04-01 — Show Cause…**: Show Cause issued vide Order dated 01.04.2019. Affidavit in Reply placed on record from…
- **2019-04-26 — COC Meet…**: COC Meeting held on 26.04.2019 resolved to…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 33(1) — Initiation of liquidation](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-33)

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