# Ogata Motors India Pvt Ltd vs. Falcon Auto Engineering Pvt Ltd.

> NCLT judgment dated 2026-08-25. Citation: TCN-2026-NCLT-00948. The Corporate Insolvency Resolution Process (CIRP) was initiated against Falcon Auto…

- **Court:** NCLT
- **Order date:** 25 Aug 2026
- **Citation:** TCN-2026-NCLT-00948
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/ogata-motors-india-pvt-ltd-vs-falcon-auto-engineering-pvt-ltd-2iu72

## Summary

### Background

The Corporate Insolvency Resolution Process (CIRP) was initiated against Falcon Auto Engineering Pvt Ltd. The Interim Resolution Professional (IRP) filed applications, including a status report (IA(IBC)/102(CH)2026) and an application concerning fraudulent/wrongful trading (IA(IBC)/1007(CH)2026). The IRP also sought directions against the suspended Directors for non-cooperation (IA(IBC)/1898(CH)2025). The Committee of Creditors (CoC), in its 7th meeting, resolved with 100% voting share to liquidate the Corporate Debtor, citing that no viable resolution plan was expected and assets were in scrap condition. The CoC also authorized the IRP/Deemed RP to file applications for avoidance transactions after receiving audit reports.

## Facts

The Interim Resolution Professional (IRP) of M/S Falcon Auto Engineering Private Limited (undergoing CIRP) filed an application (IA(IBC)/102(CH)2026) under Rule 11 of NCLT Rules, 2016, to place a status report on record.

The status report was filed in compliance with an order dated 09.10.2025, passed by the Tribunal.

An application (IA(IBC)/1007(CH)2026) was filed under Section 25(2)(J) read with Section 66 of IBC, 2016, seeking directions regarding fraudulent/wrongful trading by Suspended & Ex-Directors of the Corporate Debtor.

The IRP reported not receiving cooperation from the Financial Creditor or the Suspended Board of Directors, compelling him to file an application (IA(IBC)/1898(CH)2025) under Section 19(2) and (3) of IBC, 2016.

…

## Issues and analysis

### Issue 1: Whether the status report filed by the Interim …

**Ratio:** The status report filed by the Interim

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**Reasoning:** The application was filed on behalf of the IRP to place on record a status report in

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**Application:** IA(IBC)/102(CH)2026 is disposed of, with the status report taken on record

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## Parties

- **Judges:** SHRI. K.K SINGH,…; SHRI. ASHOK KUMAR…
- **Appellants:** Ogata Motors…; Interim Resolution…
- **Respondents:** M/S Falcon Auto…; Falcon Auto…
- **Other parties:** MUKESH…; Committee of…; +4 more
- **Advocates:** Shashi Bhushan…; Ld. Counsel for…

## Timeline

- **2025-10-09 — Previous…**: Order passed by this Tribunal, compliance of which was sought by the IRP in…
- **2025-12-24 — 75th Day…**: The 75th day of the Insolvency Commencement Date (ICD) by which the RP has to form an…

## 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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