# In the matter of Rana Saria Poly Pack Pvt Ltd Vs Uniword sugars Pvt. Ltd. CA No. 146-2019 in CP No. (IB) 120-ALD/2017

> NCLT judgment dated 2019-06-04. Citation: TCN-2019-NCLT-03077. The case involves an application bearing CA No. 146/2019 in CP No.(IB)120/ALD/2017 before the…

- **Court:** NCLT
- **Order date:** 4 Jun 2019
- **Citation:** TCN-2019-NCLT-03077
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/rana-saria-poly-pack-pvt-ltd-vs-uniword-sugars-pvt-ltd-ca-no-146-2019-in-cp-no-14b05d0e

## Summary

### Background

The case involves an application bearing CA No. 146/2019 in CP No.(IB)120/ALD/2017 before the National Company Law Tribunal, Allahabad Bench. The applicant seeks scrutiny of the application and directions for the Committee of Creditors (COC) to conduct a meeting to discuss urgent matters, even though the 270-day period of the Corporate Insolvency Resolution Process (CIRP) has expired. An application for liquidation is under consideration.

## Facts

The case pertains to CA No. 146/2019 in CP No.(IB)120/ALD/2017 before the NCLT Allahabad Bench. M/s Rana Saria Poly Pack Pvt Ltd is involved in a case against Uniword sugars Pvt. Ltd. Ms. Babita Jain, PCS, representing the RP, filed an application seeking scrutiny and directions for the COC to conduct a meeting. The 270-day CIRP period has expired, but a liquidation application is pending. The court observed that the RP has not been discharged and no liquidation order has been passed. The relevance of these facts is that they determine whether the COC can continue to function.

## Issues and analysis

### Issue 1: Whether the Committee of Creditors (COC) can be treated as functus officio when the Resolution …

**Ratio:** The legal principle is that the COC's role continues until the RP is discharged or a

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**Reasoning:** The court reasoned that since the RP had not been discharged and a liquidation order was

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**Interpretation:** The interpretation is that the COC's authority persists until the insolvency

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**Application:** In this case, the RP had not been discharged, and a liquidation order was

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## Parties

- **Judges:** Saroj Ra…; Harihar Prakash…
- **Appellants:** M/s Rana Saria…
- **Respondents:** Uniword sugars…
- **Advocates:** Babita…

## Timeline

- **2019-06-04 — Hearing…**: Hearing of Allahabad Bench of the…
- **2019-07-09 — Next Listin…**: The matter is listed…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 60(5) — Adjudicating Authority for corporate persons](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-60)

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