# In the matter of Sunshine Infraengineers India Private Limited IA No. 13-2019-AMR TCP (IB) No. 44-9-AMR-2019 {CP (IB) No. 560-9-HDB-2018}

> NCLT judgment dated 2019-10-22. Citation: TCN-2019-NCLT-00857. The case involves an application under Section 33 of the Insolvency and Bankruptcy Code, 2016,…

- **Court:** NCLT
- **Order date:** 22 Oct 2019
- **Citation:** TCN-2019-NCLT-00857
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/sunshine-infraengineers-india-private-limited-ia-no-13-2019-amr-tcp-ib-no-44-9-a-165347ef

## Summary

### Background

The case involves an application under Section 33 of the Insolvency and Bankruptcy Code, 2016, filed by the Resolution Professional (RP) of Sunshine Infraengineers India Private Limited. The Corporate Insolvency Resolution Process (CIRP) was initiated following a petition by Vind Infra Power Private Limited, an Operational Creditor. The petition was admitted on 2018-12-12 by the NCLT, Hyderabad Bench, and a moratorium was declared. The RP was appointed, and a Committee of Creditors (CoC) was formed. Despite efforts, the RP faced non-cooperation from the company's directors and Key Managerial Personnel (KMP), hindering the resolution process.

## Facts

Vind Infra Power Private Limited initiated Corporate Insolvency Resolution Process (CIRP) against Sunshine Infraengineers India Private Limited by filing CP (IB) No. 560/9/HDB/2018, which was admitted on 2018-12-12 by NCLT Hyderabad. An Interim Resolution Professional was appointed, and a moratorium was declared. A Committee of Creditors (CoC) was constituted on 2019-01-03. The CoC appointed the applicant as the Resolution Professional (RP) on 2019-02-08. The RP made public announcements on 2018-12-14. The RP faced difficulties in locating the company's registered office and obtaining information from the directors and Key Managerial Personnel (KMP). As of 2018-03-31, an amount of Rs. 20,85,89,852/- was outstanding against the company. An order dated 2019-04-23 from

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## Issues and analysis

### Issue 1: Whether the application for liquidation of the Corporate Debtor, Sunshine Infraengineers India …

**Ratio:** Section 33 of the Insolvency and Bankruptcy Code, 2016, allows for the initiation of

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**Reasoning:** The court considered the facts presented in the application, the grounds enumerated

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**Interpretation:** The interpretation of Section 33 is that if the CIRP fails, and there is no

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**Application:** In this case, the CIRP failed due to the non-cooperation of the directors and

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## Parties

- **Judges:** Janab Mohammed…
- **Respondents:** Sunshine Infraengi…; Sunshine Infraengi…

## Timeline

- **2018-12-12 — Admission of CP (IB)…**: The NCLT, Hyderabad Bench, admitted the Company Petition filed by Vind Infra Power…
- **2018-12-14 — Public Annou…**: The Resolution Professional made public announcements in Economic Times, a National…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 14 — Moratorium](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-14)

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