# In the matter of WSH Private Limited I.A. No. 626 of 2021 in C.P. (I.B) No. 601-9-NCLT-AHM-2019

> NCLT judgment dated 2021-12-14. Citation: TCN-2021-NCLT-00183. The case involves an application filed by the Liquidator for passing an order of liquidation…

- **Court:** NCLT
- **Order date:** 14 Dec 2021
- **Citation:** TCN-2021-NCLT-00183
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/wsh-private-limited-ia-no-626-of-2021-in-cp-ib-no-601-9-nclt-ahm-2019-981f5859

## Summary

### Background

The case involves an application filed by the Liquidator for passing an order of liquidation for the Corporate Debtor, M/s WSH Private Limited. The CIRP period of 330 days had completed on August 2, 2021, and the RP and COC did not receive any resolution plan. The COC, in its meeting on July 14, 2021, passed a resolution recommending liquidation. The Adjudicating Authority was left with no option but to pass an order of liquidation.

## Facts

The Corporate Debtor, M/s WSH Private Limited, underwent Corporate Insolvency Resolution Process (CIRP). The CIRP period of 330 days concluded on August 2, 2021. Neither the Resolution Professional (RP) nor the Committee of Creditors (COC) received any resolution plan. The COC passed a resolution on July 14, 2021, recommending the liquidation of the Corporate Debtor. The RP, Mr. Suhas Dinkar Bhattbhatt, filed an application for the liquidation order. The Adjudicating Authority, finding no alternative due to the absence of a resolution plan, proceeded to order the liquidation of the Corporate Debtor. The Moratorium declared earlier ceased to exist. The RP was appointed as the liquidator.

## Issues and analysis

### Issue 1: Whether the Corporate Debtor, M/s WSH Private Limited, should be liquidated given the completion of …

**Ratio:** The Insolvency and Bankruptcy Code, 2016 mandates liquidation when the CIRP period

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**Reasoning:** The Adjudicating Authority reasoned that since the CIRP period had expired and no

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**Interpretation:** The IBC provides a time-bound process for CIRP. If no resolution is achieved

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**Application:** In this case, the CIRP period of 330 days had elapsed without a resolution

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## Parties

- **Judges:** Madan B.…; Ajai Das Me…
- **Appellants:** B-Solutions…
- **Respondents:** WSH Private…; WSH Pvt…

## Timeline

- **2021-08-02 — CIRP Period Co…**: The Corporate Insolvency Resolution Process…
- **2021-07-14 — COC Resol…**: The Committee of Creditors (COC) passed a resolution recommending liquidation of the…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 9 — Application for initiation of corporate insolvency…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-9)

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