# In the matter of Briar Knoll Mills Pvt Ltd

> NCLT judgment dated 2025-06-12. Citation: TCN-2025-NCLT-00907. The case pertains to the insolvency resolution process of Briar Knoll Mills Private Limited,…

- **Court:** NCLT
- **Order date:** 12 Jun 2025
- **Citation:** TCN-2025-NCLT-00907
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chennai/briar-knoll-mills-pvt-ltd-b30a81fc

## Summary

### Background

The case pertains to the insolvency resolution process of Briar Knoll Mills Private Limited, which was admitted under Section 7 of the IBC. The court is dealing with applications related to the discharge of a liquidator, payment of liquidator fees, and condonation of delay in seeking an extension of the liquidation period.

## Facts

Briar Knoll Mills Private Limited was admitted into insolvency under Section 7 of the IBC on 25.02.2019.

Mr. Arumugam was appointed as the Resolution Professional on 10.04.2019.

An order for liquidation was passed on 22.02.2021.

Mr. K. Venkatrao was initially appointed as Liquidator.

Mr. N. Kumar was appointed as the new Liquidator, replacing Mr. K. Venkatrao on 19.11.2024.

Mr. N. Kumar sought discharge as Liquidator due to his father's illness.

Mr. Sugumar.R. was appointed as the new Liquidator.

There was a delay of 429 days in filing the application for extension of the liquidation period.

Asset Reconstruction Company India Limited (ARCIL) was directed to pay Rs.5,90,000/- as Liquidator fee and reimburse Rs.1,50,000/- as costs.

## Issues and analysis

### Issue 1: Whether the Liquidator, Mr. N. Kumar, should be discharged from his duties due to personal …

**Ratio:** The Tribunal has the power to discharge a Liquidator under Section 60(5) of the

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**Reasoning:** The Liquidator's father is 92 years old and ailing, and the Liquidator is his only son

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**Interpretation:** The Tribunal interprets the circumstances

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**Application:** The Tribunal applied its discretion to discharge Mr. N. Kumar from his duties

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## Parties

- **Judges:** JYOTI KUMAR…; RAVICHANDRAN…
- **Appellants:** Briar Knoll Mills…; S. Sathyana…
- **Respondents:** Briar Knoll Mills…
- **Other parties:** Suguma…; N. Ku…; +2 more
- **Advocates:** S. Sathyana…; N. Ku…

## Timeline

- **2019-02-25 — Admission into…**: Briar Knoll Mills Private Limited was admitted…
- **2019-04-10 — Appointment of…**: Mr. Arumugam was appointed as…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 60(5) — Adjudicating Authority for corporate persons](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-60)

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