# In the matter of FOSSIL LOGISTICS PRIVATE LIMITED

> NCLT judgment dated 2025-11-12. Citation: TCN-2025-NCLT-01665. The application was filed under Section 33 of the Insolvency & Bankruptcy Code, 2016, seeking…

- **Court:** NCLT
- **Order date:** 12 Nov 2025
- **Citation:** TCN-2025-NCLT-01665
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chennai/fossil-logistics-private-limited-f6159029

## Summary

### Background

The application was filed under Section 33 of the Insolvency & Bankruptcy Code, 2016, seeking liquidation of the Corporate Debtor, M/s. Fossil Logistics Private Limited.

## Facts

The Corporate Insolvency Resolution Process (CIRP) of M/s. Fossil Logistics Private Limited was initiated on 15.06.2023.

Mr. Radhakrishnan Dharmarajan was appointed as the Interim Resolution Professional (IRP) on 15.06.2023 and later confirmed as the Resolution Professional (RP) by the Committee of Creditors (CoC) on 02.08.2023.

Public announcements were made on 17.06.2023, inviting claims from creditors.

The Committee of Creditors (CoC) was constituted on 18.07.2023, and its first meeting was held on 25.07.2023.

An Expression of Interest (EOI) was published on 20.09.2023, inviting resolution plans.

Two prospective resolution applicants, Mr. Mohan Bhumireddy and Real Value Infotech Projects Private Limited, submitted resolution plans, but both were rejected by the CoC.

…

## Issues and analysis

### Issue 1: Whether the Corporate Debtor, M/s. Fossil Logistics Private Limited, should be liquidated due to …

**Ratio:** Section 33(1)(a) of the

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**Reasoning:** The CIRP process failed to result in a viable resolution plan, and the CoC resolved to

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**Interpretation:** The Tribunal interpreted Section 33(1)(a) to allow for liquidation when the

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**Application:** The Tribunal applied Section 33(1)(a) and ordered the liquidation of the

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## Parties

- **Judges:** JYOTI KUMAR…; RAVICHANDRAN…
- **Appellants:** Radhakrishnan…
- **Respondents:** M/s. Fossil…
- **Other parties:** Krishnaswamy…
- **Advocates:** T. Ravich…; Elavara…

## Timeline

- **2023-06-15 — Commencement…**: The Corporate Insolvency…
- **2023-06-15 — Appointment…**: Mr. Radhakrishnan Dharmarajan was appointed as…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 33(1) — Initiation of liquidation](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-33)

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