# In the matter of Mcchem-Anlagen Energies & Infratech Pvt. Ltd. I.A. (IB) No. 226-CB-2022 in T.P. No. 115-CTB-2019 (Formerly C.P. No. 187-MB-2018)

> NCLT judgment dated 14 Sept 2022. Citation: TCN-2022-NCLT-01070. The application for liquidation was filed by Mr. Anil Kumar Agrawal, the Resolution…

- **Court:** NCLT
- **Order date:** 14 Sept 2022
- **Citation:** TCN-2022-NCLT-01070
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/mcchem-anlagen-energies-infratech-pvt-ltd-ia-ib-no-226-cb-2022-in-tp-no-115-ctb-ed80e27e

## Summary

### Background

The application for liquidation was filed by Mr. Anil Kumar Agrawal, the Resolution Professional (RP) for M/s Mcchem-Anagen Energies & Infratech Private Limited, the corporate debtor. The Corporate Insolvency Resolution Process (CIRP) against the corporate debtor was initiated by the Adjudicating Authority on April 6, 2022, under Section 9 of the IBC, 2016. Mr. Agrawal was initially appointed as the Interim Resolution Professional (IRP) and subsequently confirmed as the Resolution Professional in the first Committee of Creditors (COC) meeting on April 29, 2022. An appeal filed by the corporate debtor against the admission into CIRP was dismissed by the NCLAT on June 2, 2022, affirming the initiation of CIRP.

## Facts

The Corporate Insolvency Resolution Process (CIRP) against M/s Mcchem-Anagen Energies & Infratech Private Limited, the corporate debtor, was initiated by the Adjudicating Authority on April 6, 2022, under Section 9 of IBC 2016. Mr. Anil Kumar Agrawal was appointed as the Interim Resolution Professional (IRP) and later confirmed as the Resolution Professional (RP) in the first Committee of Creditors (COC) meeting held on April 29, 2022. An appeal against the admission into CIRP, filed by the corporate debtor, was dismissed by the NCLAT on June 2, 2022.

## Issues and analysis

### Issue 1: Whether the corporate debtor should be ordered for…

**Ratio:** When no resolution plan is received within the CIRP period and the corporate debtor is…

**Reasoning:** The court reasoned that no resolution plan was received within the 180-day CIRP period,…

**Interpretation:** The court interpreted Section 33(1) of the IBC, 2016, to mean that if the…

**Application:** Given that no Expression of Interest (EOI) was received for a resolution plan…

## Parties

- **Judges:** P. Moha…; Satya Ranjan…
- **Advocates:** For the Applicant:…

## Timeline

- **April 6, 2022 — CIRP Admi…**: The Corporate Insolvency Resolution Process (CIRP) against the corporate debtor was…
- **April 11, 2022 — Public Annou…**: The IRP effected public announcement in English daily Times of India and vernacular daily…

## 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)

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclt-chandigarh/mcchem-anlagen-energies-infratech-pvt-ltd-ia-ib-no-226-cb-2022-in-tp-no-115-ctb-ed80e27e