# In the matter of Uniforce Energy Systems India Pvt. Ltd. (IB)-168(ND)-2017

> NCLT judgment dated 2018-05-23. Citation: TCN-2018-NCLT-01373. The case involves M/s Su-Kam Power Systems Ltd. as the Corporate Debtor and M/s Uniforce Energy…

- **Court:** NCLT
- **Order date:** 23 May 2018
- **Citation:** TCN-2018-NCLT-01373
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/uniforce-energy-systems-india-pvt-ltd-ib-168nd-2017-8231ab58

## Summary

### Background

The case involves M/s Su-Kam Power Systems Ltd. as the Corporate Debtor and M/s Uniforce Energy Systems India Pvt. Ltd. as the Operational Creditor/Petitioner. The COC comprises only one claimant, the Petitioner. The Resolution Professional (RP) has requested liquidation due to the lack of a viable resolution process. It appears that the Corporate Debtor has no available assets, and the whereabouts of the Ex-Directors are unknown. The Financial Statements are also unavailable.

## Facts

M/s Su-Kam Power Systems Ltd. is the Corporate Debtor. M/s Uniforce Energy Systems India Pvt. Ltd. is the Operational Creditor and Petitioner. The COC consists of only one claimant, the Petitioner. The RP requested liquidation because no resolution process was viable. The Corporate Debtor has no available assets, and the whereabouts of its Ex-Directors are unknown. The Financial Statements are unavailable. The Petitioner company is itself undergoing a Resolution Process. There are no funds available to meet liquidation expenses. The RP was discharged from the case.

## Issues and analysis

### Issue 1: Whether the RP should be discharged from the case given the lack of assets and a viable resolution …

**Ratio:** The court has the discretion to discharge the RP if the circumstances warrant it, such as

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**Reasoning:** The court considered the RP's request and the fact that there were no assets available

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**Interpretation:** The court interprets its power to discharge the RP as being applicable when the

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**Application:** Given the facts of the case, where there were no assets and no viable

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## Parties

- **Judges:** Deepa Kr…; Ina Mal…; +1 more
- **Respondents:** M/s Su-Kam Power…

## Timeline

- **2018-05-23 — Hearing…**: Hearing before the New Delhi Bench of…

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