# In the matter of Auro Mira Biopower India Private Limited IA(IBC)-241,1005 & 1337-CHE-2021 in TCP-130-IB-2017

> NCLT judgment dated 2022-06-01. Citation: TCN-2022-NCLT-02504. The case involves multiple applications (IA(IBC)/1005/CHE/2021, IA/241(CHE)/2021, and…

- **Court:** NCLT
- **Order date:** 1 Jun 2022
- **Citation:** TCN-2022-NCLT-02504
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/auro-mira-biopower-india-private-limited-iaibc-2411005-1337-che-2021-in-tcp-130-5e21b136

## Summary

### Background

The case involves multiple applications (IA(IBC)/1005/CHE/2021, IA/241(CHE)/2021, and IA/1337/IB/2021) filed in connection with TCP/130/IB/2017, concerning the insolvency and liquidation of Auro Mira Biopower India Private Limited. Sri Gomathi Energy (P) Ltd., as the applicant in IA/1005/CHE/2021, sought directions against the liquidator and other respondents to raise attachments on properties purchased by them. The liquidator, in IA/241(CHE)/2021, sought directions to lift the de facto attachment created by the respondents and to register the sale deed. IA/1337/IB/2021 was filed by the liquidator seeking an extension of the liquidation period.

## Facts

Sri Gomathi Energy (P) Ltd. purchased properties of Auro Mira Biopower India Private Limited, which was under liquidation. The applicant paid Rs.10,83,60,000/- and entered into a purchase agreement dated 15.03.2021 with the liquidator. A sale deed was executed on 12.02.2021. The Sub-Registrar refused to register the sale deed due to a de facto attachment created by the 1st and 2nd respondents for alleged electricity dues of Rs.3,04,16,748/- for the period between July 2011 and March 2014. The liquidator argued that the attachment was created after the liquidation order dated 16.07.2018 and that no claim was submitted by the respondents during the CIRP and liquidation process. The applicant sought directions to lift the attachment and register the sale deed. The 4th

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## Issues and analysis

### Issue 1: Whether the de facto attachment created by the respondents after the liquidation order is valid …

**Ratio:** The Insolvency and Bankruptcy Code, 2016, imposes a moratorium on the initiation and

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**Reasoning:** The court reasoned that the de facto attachment created after the liquidation order is

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**Interpretation:** The IBC, 2016, aims to consolidate and amend the laws relating to

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**Application:** The court applied the ratio to the facts by holding that the de facto

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## Parties

- **Judges:** (Retd.) S.…; Anil Ku…
- **Appellants:** Gomathi Energy…
- **Respondents:** Auro Mira…; L.K. Sivaramakrish…

## Timeline

- **2017-09-01 — CIRP Init…**: Corporate Insolvency Resolution Process (CIRP) initiated for Auro Mira Biopower India…
- **2018-07-16 — Liquidation…**: Liquidation of the Corporate Debtor…

## 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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