# In the matter of Anu Engitech Private Limited

> NCLT judgment dated 2023-08-09. Citation: TCN-2023-NCLT-02125. The case involves M/s. Anu Engitech Private Limited, which was admitted into the Corporate…

- **Court:** NCLT
- **Order date:** 9 Aug 2023
- **Citation:** TCN-2023-NCLT-02125
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/anu-engitech-private-limited-a2a3c8c4

## Summary

### Background

The case involves M/s. Anu Engitech Private Limited, 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 order was passed on 03.02.2022. Mr. C. Sanjeevi was appointed as the Interim Resolution Professional (IRP). Form A was published on 05.02.2022, setting 18.02.2022 as the last date for claim submissions. The Committee of Creditors (CoC) was constituted on 26.02.2022. The first CoC meeting, scheduled for 07.03.2022, was rescheduled to 08.03.2022 due to lack of participation. The IRP admitted claims from Union Bank of India (Secured Creditor with 34.50% voting rights) and Mr. Murali (Unsecured Creditor with 65.50%

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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 under Section 7 of the Insolvency & Bankruptcy Code, 2016. The CIRP commenced on 03.02.2022. Mr. C. Sanjeevi was appointed as the Interim Resolution Professional (IRP). Form A was published on 05.02.2022, with a claim submission deadline of 18.02.2022. The Committee of Creditors (CoC) was formed on 26.02.2022. The first CoC meeting was scheduled for 07.03.2022 but was rescheduled to 08.03.2022 due to non-attendance. On 08.03.2022, no CoC members were present. The IRP admitted claims from Union Bank of India (Secured Creditor with 34.50% voting rights) and Mr. Murali (Unsecured Creditor with 65.50% voting rights). The directors

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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 Insolvency and Bankruptcy Code, 2016 allows for the liquidation of a

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**Reasoning:** The Adjudicating Authority considered the lack of a resolution plan, the end of the CIRP

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**Interpretation:** Section 33(1) is interpreted to mean that if the CIRP fails to yield a

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**Application:** Given the facts that the CIRP period had ended, there was no active

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## Parties

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

## Timeline

- **2022-02-03 — CIRP Commen…**: Corporate Insolvency Resolution Process (CIRP) commenced for M/s. Anu Engitech Private…
- **2022-02-05 — Form A Publ…**: Form A was published, setting the last date…

## 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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