# In the matter of ECL Engineering Services India Pvt. Ltd. CP(IB)-264(CHE)-2022

> NCLT judgment dated 2023-07-19. Citation: TCN-2023-NCLT-05289. The case pertains to the voluntary liquidation of ECL Engineering Services India Pvt. Ltd.…

- **Court:** NCLT
- **Order date:** 19 Jul 2023
- **Citation:** TCN-2023-NCLT-05289
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chennai/ecl-engineering-services-india-pvt-ltd-cpib-264che-2022-65c746ff

## Summary

### Background

The case pertains to the voluntary liquidation of ECL Engineering Services India Pvt. Ltd. under Section 59(7) of the Insolvency and Bankruptcy Code, 2016. The petition was filed by the liquidator, Mr. Yatin Sharma, seeking the dissolution of the company.

## Facts

ECL Engineering Services India Pvt. Ltd. was incorporated on 15.01.2009 under the Companies Act, 1956.

The company's main business was providing services such as erection and commissioning training of operator and maintenance teams, spare parts trading, and technical assistance for equipment.

The company ceased business operations in 2018.

The Board of Directors resolved to liquidate the company on 29.01.2021.

A special resolution was passed on 19.02.2021 to appoint a liquidator.

The liquidator conducted the voluntary liquidation process as per IBBI regulations.

All assets of the company have been liquidated.

Distributions have been made according to Section 53(1) of the IBC, 2016.

There are no outstanding liabilities of the company.

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## Issues and analysis

### Issue 1: Whether the company, ECL Engineering Services India Pvt. Ltd., should be dissolved under Section …

**Ratio:** Section 59(8) of the IBC, 2016, confers the power to order the dissolution of a company

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**Reasoning:** The liquidator has completed the liquidation process, distributed the assets as per

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**Interpretation:** The court interprets Section 59(8) to mean that if the liquidation process is

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**Application:** The court applied Section 59(8) to the facts of the case, noting that the

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## Parties

- **Judges:** SANJIV…; SAMEER…
- **Appellants:** Yatin S…
- **Respondents:** ECL Engineering…
- **Advocates:** Abhishek…

## Timeline

- **2009-01-15 — Incorpor…**: ECL Engineering Services India…
- **2018-N/A — Cessation of…**: The company ceased…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 59(7) — Voluntary liquidation of corporate persons](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-59)

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