# In the matter of Sanny Digital Communications Pvt. Ltd. 
IA No. 55-2020 in TCP (IB) No. 46-9-AMR-2019 {CP (IB) No. 122-9-HDB-2019}

> NCLT judgment dated 2020-04-30. Citation: TCN-2020-NCLT-01391. M/s Star India Private Limited filed TCP (IB) No. 46/9/AMR/2019 against M/s Sanny Digital…

- **Court:** NCLT
- **Order date:** 30 Apr 2020
- **Citation:** TCN-2020-NCLT-01391
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/sanny-digital-communications-pvt-ltd-ia-no-55-2020-in-tcp-ib-no-46-9-amr-2019-cp-35683ea0

## Summary

### Background

M/s Star India Private Limited filed TCP (IB) No. 46/9/AMR/2019 against M/s Sanny Digital Communications Private Limited for initiation of Corporate Insolvency Resolution Process (CIRP) due to default in payment of an operational debt. The NCLT, Hyderabad Bench admitted the Company Petition on 2019-02-26 and appointed an Interim Resolution Professional (IRP). The matter was later transferred to the Amaravati Bench. The Bench directed liquidation of the Corporate Debtor (CD) on 2019-11-26 and appointed a Liquidator. The Liquidator found no books of accounts or audited accounts. The operational creditor is the sole member of the Committee of Creditors (CoC). The CoC fixed the liquidator's remuneration but did not approve the estimated liquidation cost. The Liquidator

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## Facts

M/s Star India Private Limited initiated Corporate Insolvency Resolution Process (CIRP) against M/s Sanny Digital Communications Private Limited for default in payment of an operational debt. The NCLT, Hyderabad Bench admitted the petition on 2019-02-26 and appointed an Interim Resolution Professional (IRP). The matter was transferred to the Amaravati Bench. The Amaravati Bench directed liquidation of the Corporate Debtor on 2019-11-26 and appointed a Liquidator. The Liquidator found no books of accounts or audited accounts. The Corporate Debtor had no assets or recorded liabilities. The operational creditor was the sole member of the Committee of Creditors (CoC). The CoC fixed the liquidator's remuneration but did not approve the estimated liquidation cost. There was

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## Issues and analysis

### Issue 1: Whether the application for dissolution of the Corporate Debtor should be allowed given the absence …

**Ratio:** Regulation 14 of the IBBI (Liquidation Process) Regulations, 2016 allows for the

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**Reasoning:** The court reasoned that the Liquidator's report indicated a lack of assets, records, and

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**Interpretation:** Regulation 14 provides a mechanism for dissolving a Corporate Debtor when the

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**Application:** The court applied Regulation 14 to the facts of the case, noting that the

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## Parties

- **Judges:** Janab Mohammed…
- **Respondents:** M/s Sanny Digital…

## Timeline

- **2019-02-26 — Admission of Company…**: The NCLT, Hyderabad Bench admitted the Company Petition filed by M/s Star India Private…
- **2019-11-26 — Liquidation…**: The Amaravati Bench directed liquidation of the Corporate Debtor and appointed a…

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