# In the matter of Fauna Care Foundation

> NCLT judgment dated 2025-07-01. Citation: TCN-2025-NCLT-00851. The present petition CP (IB) No.141/Chd/Hry/2024 was filed by the Applicant/Liquidator of the…

- **Court:** NCLT
- **Order date:** 1 Jul 2025
- **Citation:** TCN-2025-NCLT-00851
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/fauna-care-foundation-fc29242f

## Summary

### Background

The present petition CP (IB) No.141/Chd/Hry/2024 was filed by the Applicant/Liquidator of the Corporate Person under Section 59 of the Insolvency and Bankruptcy Code, 2016, seeking dissolution of the Corporate Person, M/s Fauna Care Foundation.

## Facts

M/s Fauna Care Foundation was incorporated on 01/11/2021 as a 'Not for Profit' company under Section 8 of the Companies Act, 2013.

The company's registered office is located at Flat No. 1102, Tower-E, Godrej Forntier, Sec-80, Gurgaon, Haryana-122004.

The Board of Directors passed a resolution on 12/01/2024 for voluntary liquidation of the company under Section 59 of the Insolvency and Bankruptcy Code, 2016.

Mr. Sumit Sharma was appointed as the Liquidator of the company.

The Declaration of Solvency was signed by the directors Mrs. Kavita Takshak and Mr. Ajit Singh Takshak and filed with the ROC.

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## Issues and analysis

### Issue 1: Whether the voluntary liquidation process was conducted in accordance with Section 59 of the …

**Ratio:** Section 59 of the Insolvency and Bankruptcy Code, 2016, read with the Insolvency and

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**Reasoning:** The Liquidator followed the prescribed procedures, including obtaining board and member

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**Interpretation:** The Tribunal interpreted the provisions of Section 59 and the related

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**Application:** The Tribunal applied the provisions of Section 59 and the related regulations

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## Parties

- **Judges:** Harnam Singh…; SHISHIR A…
- **Appellants:** Sumit S…
- **Respondents:** Fauna Care…
- **Other parties:** Kavita T…; Ajit Singh…

## Timeline

- **2021-11-01 — Incorpor…**: M/s Fauna Care…
- **2024-01-12 — Board Reso…**: Board of Directors passed a…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 8 — Insolvency resolution by operational creditor](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-8)

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