# In the matter of Wayne-Burt Aerospace Private Limited IA-90-CHE-2022 inn IBA-1277-2019

> NCLT judgment dated 2022-04-28. Citation: TCN-2022-NCLT-04879. The application was filed under Section 33(2) read with 60(5) of the Insolvency and Bankruptcy…

- **Court:** NCLT
- **Order date:** 28 Apr 2022
- **Citation:** TCN-2022-NCLT-04879
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chennai/wayne-burt-aerospace-private-limited-ia-90-che-2022-inn-iba-1277-2019-6fd6f6e5

## Summary

### Background

The application was filed under Section 33(2) read with 60(5) of the Insolvency and Bankruptcy Code, 2016, seeking an order for the liquidation of the Corporate Debtor, Wayne-Burt Aerospace Private Limited.

## Facts

The application was filed under Section 33(2) read with 60(5) of the Insolvency and Bankruptcy Code, 2016.

The CIRP of Wayne-Burt Aerospace Private Limited was initiated.

A. Mohan Kumar was appointed as the IRP on 24.03.2021.

Public announcement was made on 26.03.2021.

The CoC was constituted on 08.04.2021, comprising Sundaram BNP Paribas Home Finance Ltd.

No resolution plan was received by the deadline of 02.11.2021.

The CoC unanimously decided to liquidate the Corporate Debtor on 08.12.2021.

A. Mohan Kumar filed his written consent to act as the Liquidator.

The applicant complied with the Compliance Certificate in Form-H.

## Issues and analysis

### Issue 1: Whether to allow the application for …

**Ratio:** The CoC unanimously resolved to liquidate the Corporate Debtor due to the absence of any

…

**Reasoning:** The Corporate Debtor had no operations for the past few years and no revenue from the

…

**Interpretation:** Section 33(2) of the Insolvency and Bankruptcy Code, 2016 allows for

…

**Application:** The Tribunal considered the CoC's decision and the applicant's compliance with

…

## Parties

- **Judges:** R. Sucha…; SAMEER…
- **Appellants:** A. Mohan…
- **Respondents:** Wayne Burt…
- **Other parties:** Sundaram Bnp…
- **Advocates:** S. Sathiyanarayana…

## Timeline

- **2021-03-24 — Appointment…**: A. Mohan Kumar was appointed as the…
- **2021-03-26 — Public Annou…**: Public announcement was made…

## 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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