# In the matter of FIPOLA RETAIL (INDIA) PRIVATE LIMITED

> NCLT judgment dated 2025-03-21. Citation: TCN-2025-NCLT-01087. The case involves an application seeking the handing over of vacant possession of premises and…

- **Court:** NCLT
- **Order date:** 21 Mar 2025
- **Citation:** TCN-2025-NCLT-01087
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chennai/fipola-retail-india-private-limited-a6018031

## Summary

### Background

The case involves an application seeking the handing over of vacant possession of premises and another application seeking to relieve the current liquidator.

## Facts

The applicant sought handing over of vacant possession of premises.

The applicant proposed providing alternate premises.

The liquidator was willing to consider relocation if feasible.

The liquidator filed a memo recommending the appointment of Mutharasapuram.

Outstanding payments for RP and liquidator were not discharged by COC and SCC members.

Counsels representing unsecured creditors stated they discharged the responsibility of liquidator dues and sought time to clear CIRP dues.

## Issues and analysis

### Issue 1: Whether the liquidator should be directed to take a …

**Ratio:** The court has the power to direct the liquidator to take decisions in the interest of the

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**Reasoning:** The court considered the applicant's proposal and the liquidator's willingness to

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**Interpretation:** The court interpreted the IBC provisions to allow for efficient management of

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**Application:** The court directed the liquidator to take a decision and carry out the

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## Parties

- **Judges:** JYOTI KUMAR…; RAVICHANDRAN…
- **Respondents:** Fipola Retail…
- **Other parties:** Sarkar Vonadharaja…

## Timeline

- **2025-03-21 — Hearing…**: Hearing held on…
- **2024-12-08 — Memo Fil…**: Memo filed by the liquidator on 12.08.2024…

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