# In the matter of Jan Aahar Pvt. Ltd. (IB)-565(ND)2017

> NCLT judgment dated 2019-08-05. Citation: TCN-2019-NCLT-02103. The case involves a hearing before the New Delhi Bench of the National Company Law Tribunal on…

- **Court:** NCLT
- **Order date:** 5 Aug 2019
- **Citation:** TCN-2019-NCLT-02103
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/jan-aahar-pvt-ltd-ib-565nd2017-a2ed2117

## Summary

### Background

The case involves a hearing before the New Delhi Bench of the National Company Law Tribunal on August 5, 2019. The matter concerns Naveen Chandok Vs. Jan Aahar Pvt. Ltd. The Operational Creditor was not present despite court notice. The assets of the Corporate Debtor have been completely liquidated by handing them over to the Operational Creditor, reducing the outstanding liability.

## Facts

The case involves Naveen Chandok Vs. Jan Aahar Pvt. Ltd. The hearing took place on August 5, 2019, before the New Delhi Bench of the National Company Law Tribunal. The Operational Creditor was not present despite receiving a court notice. The Corporate Debtor's assets have been completely liquidated and handed over to the Operational Creditor, which reduced the outstanding liability. The Operational Creditor is no longer interested in pursuing the case. Due to the absence of any party despite notice, the court directed the Corporate Debtor to be dissolved and its name to be struck off from the Register of the ROC. The relevant section of the Companies Act is Section 9 of the IBC.

## Issues and analysis

### Issue 1: Whether the Corporate Debtor should be dissolved given the liquidation of its assets and the …

**Ratio:** The principle is that if a corporate debtor's assets have been liquidated and transferred

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**Reasoning:** The court reasoned that since the assets of the Corporate Debtor have been completely

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**Interpretation:** This interprets the situation where the operational creditor's claim is

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**Application:** Given the facts that the assets were liquidated and transferred, and the

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## Parties

- **Judges:** L. N. G…; Ina Mal…
- **Appellants:** Naveen Ch…
- **Respondents:** jan Aahar Pvt.…

## Timeline

- **2019-08-05 — Hearing…**: Hearing before the New Delhi Bench of…

## 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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