# 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-00178. 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-00178
- **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-e272734c

## 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. No resolution plan was received by the Resolution Professional (RP) or the Committee of Creditors (COC). The COC passed a resolution on July 14, 2021, recommending the liquidation of the Corporate Debtor. An application was filed by the Liquidator for passing an order of liquidation. The Adjudicating Authority considered the application and the circumstances of the case. The RP, Mr. Suhas Dinkar Bhattbhatt, gave his consent to act as the Liquidator. The initial application under Section 9 IBC was filed by B-Solutions Management Consultants against WSH Pvt Ltd.

## Issues and analysis

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

**Ratio:** When the CIRP period expires without a resolution plan, the Adjudicating Authority is

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**Reasoning:** The court reasoned that the CIRP period had expired, and no resolution plan was received.

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**Interpretation:** The interpretation of the IBC is that the primary objective is resolution, but

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**Application:** The ratio and reasoning were applied to the fact that the CIRP period had

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## Parties

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

## Timeline

- **2019-01-01 — Initial Appl…**: CP(IB) No.601/9/NCLT/AHM…
- **2021-01-27 — Moratorium D…**: Moratorium was declared vide order dated…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 43 — Preferential transactions and relevant time](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-43)

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