# 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-03071. 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-03071
- **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-1f1ea07d

## 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 regarding the Committee of Creditors (COC) meeting. The Resolution Professional (RP) seeks urgent directions from the court to permit the COC to conduct a further meeting to discuss and decide the urgent agenda, even though the 270-day period of the Corporate Insolvency Resolution Process (CIRP) is over. An application seeking liquidation is under consideration.

## Facts

The case is before the National Company Law Tribunal, Allahabad Bench, concerning CA No. 146/2019 in CP No.(IB)120/ALD/2017. M/s Rana Saria Poly Pack Pvt Ltd is involved in a case against Uniword sugars Pvt. Ltd. Ms. Babita Jain, PCS for RP, is present and moves an application. The registry is directed to scrutinize the application and issue notice to the Member of COC and the Suspended Management of the Corporate Debtor Company. The RP seeks urgent directions to permit the COC to conduct a further meeting to discuss and decide the urgent agenda, even though the 270-day period of CIRP has expired. An application for liquidation is under consideration. The court notes that the RP has not been discharged, and the COC cannot be treated as functus officio until a formal

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## Issues and analysis

### Issue 1: Whether the COC can be treated as functus officio when the RP has not been discharged and a formal …

**Ratio:** The principle is that the COC continues to function until the RP is discharged or a

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**Reasoning:** The court reasoned that since the RP has not been discharged, the COC retains its

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**Interpretation:** The term 'functus officio' implies that an entity has fulfilled its function

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**Application:** Given that the RP has not been discharged and a liquidation order is pending,

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## Parties

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

## Timeline

- **2019-06-04 — Hearing…**: Hearing of Allahabad Bench of the…
- **2019-06-04 — Order Da…**: Order issued directing scrutiny of application…

## 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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