# In the matter of RA Power Gen Engineers Pvt. Ltd. I.A. No. 420-2019 in C.P. No. 256-2016 (T.P. No. 107-2017)

> NCLT judgment dated 2019-09-23. Citation: TCN-2019-NCLT-01307. The case involves an application (I.A. No.420 of 2019) filed by the Resolution Professional,…

- **Court:** NCLT
- **Order date:** 23 Sept 2019
- **Citation:** TCN-2019-NCLT-01307
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/ra-power-gen-engineers-pvt-ltd-ia-no-420-2019-in-cp-no-256-2016-tp-no-107-2017-94b25dc7

## Summary

### Background

The case involves an application (I.A. No.420 of 2019) filed by the Resolution Professional, Shri Kanekal Chandrasekhar, on behalf of the Committee of Creditors (CoC) of the Corporate Debtor, M/s. RA Power Gen Engineers Private Limited. The application was filed under Sections 33(2) and 34(1) of the Insolvency and Bankruptcy Code (IBC), 2016, seeking to consider and approve a resolution passed by the CoC on 22.08.2019 for the liquidation of the Corporate Debtor. The Corporate Insolvency Resolution Process (CIRP) was initiated by M/s. Cummins Generator Technologies India Private Limited under Section 9 of the IBC, 2016. The application was admitted on 27.03.2019, and Ms. Manjula B.S. was appointed as the Interim Resolution Professional (IRP). Subsequently, Shri Kanekal

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## Facts

M/s. Cummins Generator Technologies India Private Limited initiated Corporate Insolvency Resolution Process (CIRP) against M/s. RA Power Gen Engineers Private Limited under Section 9 of the IBC, 2016. The application was admitted on 27.03.2019. Ms. Manjula B.S. was initially appointed as the Interim Resolution Professional (IRP). Shri Kanekal Chandrasekhar was later appointed as the Resolution Professional (RP) on 17.05.2019. The RP made efforts to obtain financial information from the Corporate Debtor, including visiting the factory and office, and contacting the Director, Shri S.N. Suyameendra. The Corporate Debtor failed to provide the necessary information, and the Statutory Auditor also reported that the financial data had not been submitted. The Committee of

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## Issues and analysis

### Issue 1: Whether the Corporate Debtor, M/s. RA Power Gen Engineers Private Limited, should be liquidated due …

**Ratio:** Section 33(2) of the Insolvency and Bankruptcy Code (IBC), 2016, allows the Adjudicating

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**Reasoning:** The Committee of Creditors (CoC), in its 7th meeting held on 22.08.2019, resolved to

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**Interpretation:** Section 33(2) of the IBC, 2016, empowers the Adjudicating Authority to order

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**Application:** The CoC's decision, coupled with the Corporate Debtor's failure to provide

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## Parties

- **Judges:** Rajeswara Rao…; Ashok Kumar…
- **Appellants:** Kanekal Chandrasek…
- **Respondents:** M/s. RA Power Gen…

## Timeline

- **2019-03-27 — Admission of CIRP…**: The application for Corporate Insolvency Resolution Process (CIRP) filed by M/s. Cummins…
- **2019-05-17 — Appointment of…**: Shri Kanekal Chandrasekhar was appointed…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 33(2) — Initiation of liquidation](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-33)

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