# In the matter of Beckhem Trading Private Limited

> NCLT judgment dated 2024-10-24. Citation: TCN-2024-NCLT-00354. The case involves an application for the liquidation of Beckhem Trading Private Limited, the…

- **Court:** NCLT
- **Order date:** 24 Oct 2024
- **Citation:** TCN-2024-NCLT-00354
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/beckhem-trading-private-limited-0acdc182

## Summary

### Background

The case involves an application for the liquidation of Beckhem Trading Private Limited, the Corporate Debtor. The Corporate Insolvency Resolution Process (CIRP) was initiated against the Corporate Debtor following the admission of a petition filed by Ezeego One Travel and Tours Limited, the Financial Creditor, under Section 9 of the Insolvency and Bankruptcy Code, 2016. The Committee of Creditors (CoC) decided to liquidate the Corporate Debtor due to the absence of assets and the inability to revive the company as a going concern.

## Facts

The Corporate Insolvency Resolution Process (CIRP) was initiated against Beckhem Trading Private Limited following the admission of a petition filed by Ezeego One Travel and Tours Limited under Section 9 of the Insolvency and Bankruptcy Code, 2016. An Interim Resolution Professional was appointed. During the second meeting of the Committee of Creditors (CoC), the members were informed about the amendment in Regulation 36A regarding the publication of an invitation for expression of interest. However, the CoC deferred the agenda due to the absence of assets and the unfeasibility of revival. The CoC then resolved with a 100% vote to liquidate the Corporate Debtor. The applicant then filed I.A. No. 97/2024 seeking liquidation of the Corporate Debtor.

## Issues and analysis

### Issue 1: Whether the application for liquidation of the Corporate Debtor, Beckhem Trading Private Limited, …

**Ratio:** Section 33(1) of the Insolvency and Bankruptcy Code, 2016 allows for the initiation of

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**Reasoning:** The CoC, after due deliberation, resolved with a 100% vote to liquidate the Corporate

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**Interpretation:** Section 33(1) provides the legal basis for the liquidation process when the CoC

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**Application:** The CoC's decision, supported by the lack of assets and the inability to revive

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## Parties

- **Judges:** Prabhat…; V.G. B…
- **Appellants:** Ezeego One Travel…
- **Respondents:** BECKHEM TRADING…

## Timeline

- **2024-03-07 — Admission of…**: The Tribunal admitted the petition under Section 9 of the Code, filed by Ezeego One…
- **2024-05-22 — Second CoC…**: The second meeting of the Committee of Creditors (CoC) of the Corporate Debtor was held,…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 7 — Initiation of corporate insolvency resolution…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-7)

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