# In the matter of Anu Engitech Private Limited

> NCLT judgment dated 2023-08-09. Citation: TCN-2023-NCLT-02120. The case involves M/s. Anu Engitech Private Limited, the Corporate Debtor, which was admitted…

- **Court:** NCLT
- **Order date:** 9 Aug 2023
- **Citation:** TCN-2023-NCLT-02120
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/anu-engitech-private-limited-39d95b2a

## Summary

### Background

The case involves M/s. Anu Engitech Private Limited, the Corporate Debtor, which was admitted into the Corporate Insolvency Resolution Process (CIRP) based on an application by Mr. S. Murali, a Financial Creditor, under Section 7 of the Insolvency & Bankruptcy Code, 2016. The Adjudicating Authority passed an order on 03.02.2022, and the Applicant was appointed as the Interim Resolution Professional (IRP). Form A was published on 05.02.2022, with a deadline of 18.02.2022 for claim submissions. The Committee of Creditors (CoC) was constituted on 26.02.2022. The first CoC meeting was scheduled for 07.03.2022 but was rescheduled to 08.03.2022 due to a lack of participation. The IRP circulated the meeting minutes via email. The applicant admitted claims from Union Bank

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## Facts

M/s. Anu Engitech Private Limited was admitted into Corporate Insolvency Resolution Process (CIRP) based on an application by Mr. S. Murali, a Financial Creditor, under Section 7 of the Insolvency & Bankruptcy Code, 2016. The order was passed on 03.02.2022. Mr. Sanjeevi C was appointed as the Interim Resolution Professional (IRP). Form A was published on 05.02.2022, with a deadline of 18.02.2022 for claim submissions. The Committee of Creditors (CoC) was constituted on 26.02.2022. The first CoC meeting was scheduled for 07.03.2022 but was rescheduled to 08.03.2022 due to a lack of participation. The IRP circulated the meeting minutes via email. The applicant admitted claims from Union Bank of India (Secured Creditor with 34.50% voting rights) and Mr. Murali S

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## Issues and analysis

### Issue 1: Whether the Corporate Debtor, M/s. Anu Engitech Private Limited, should be liquidated under Section …

**Ratio:** Section 33(1) of the IBC, 2016 states that where the Adjudicating Authority, does not

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**Reasoning:** The Adjudicating Authority considered that the CIRP period had come to an end and that no

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

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**Application:** Given the lack of a resolution plan and the non-cooperation of the CoC, the

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## Parties

- **Judges:** SANJIV…; SAMEER…
- **Appellants:** Sanjee…
- **Respondents:** Anu Engitech…; Mura…

## Timeline

- **2022-02-03 — Order for CIRP…**: The Adjudicating Authority passed an order initiating the Corporate Insolvency Resolution…
- **2022-02-05 — Publication o…**: Form A was published, inviting claims from creditors, with a last date for submission of…

## 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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