# In the matter of Bird Consultancy Services Pvt. Ltd.

> NCLT judgment dated 2025-06-13. Citation: TCN-2025-NCLT-00711. This case involves a Company Petition (IB) No. 176/ND/2024 filed under Section 7 of the…

- **Court:** NCLT
- **Order date:** 13 Jun 2025
- **Citation:** TCN-2025-NCLT-00711
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/bird-consultancy-services-pvt-ltd-1377dc8b

## Summary

### Background

This case involves a Company Petition (IB) No. 176/ND/2024 filed under Section 7 of the Insolvency and Bankruptcy Code, 2016, read with Rule 4 of the Insolvency & Bankruptcy (Application to Adjudicating Authority) Rules, 2016. The petition was filed by Smriti Bhatia and others, legal heirs of the late Shri Ankur Bhatia, seeking to initiate Corporate Insolvency Resolution Process (CIRP) against M/S Bird Consultancy Services Pvt Ltd, the Corporate Debtor. The petitioners claim to be financial creditors based on a loan extended by the deceased, Ankur Bhatia, during his lifetime. The Corporate Debtor has raised objections regarding the locus standi of the petitioners, the nature of the debt, and the requirement of a succession certificate.

## Facts

Late Shri Ankur Bhatia, who was a Director and shareholder of M/S Bird Consultancy Services Pvt Ltd (Corporate Debtor), extended a loan of INR 6,67,50,000 to the company during his lifetime. The acknowledgment of this loan is reflected in the balance sheet for the financial year ending 31.03.2022. After Ankur Bhatia's death on June 4, 2021, his legal heirs, Smriti Bhatia, Saina Bhatia, and Arnav Bhatia, collectively entitled to a 3/4th share of the loan, issued notices for recall of the loan amount on 08.12.2023. The Corporate Debtor, in its email dated 22.12.2023, raised various defenses, including the requirement of a succession certificate and objections from other Class I legal heirs. The petitioners, in their emails dated 06.01.2024 and 07.01.2024, asserted that

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## Issues and analysis

### Issue 1: Whether the petitioners, being legal heirs of the deceased, can initiate Corporate Insolvency …

**Ratio:** The Hon'ble High Court of Calcutta in the matter of Chhayabani P. Ltd., In Re, [1979 SCC

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**Reasoning:** The Adjudicating Authority relied on the judgment of the Hon'ble High Court of Calcutta

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**Interpretation:** Section 214 of the Indian Succession Act mandates the production of a

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**Application:** The court applied the ratio to the facts of the case, noting that the

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## Parties

- **Judges:** JYOTSNA S…; Anu Jagmoha…
- **Appellants:** SMRITI B…
- **Respondents:** M/S BIRD CONSULTAN…

## Timeline

- **2021-06-04 — Death of Shri Ankur…**: Shri Ankur Bhatia, Director and shareholder…
- **2023-12-08 — Loan Recall…**: Petitioners, legal heirs of Shri Ankur Bhatia, issued notices for recall of the loan…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 5(8) — Definitions](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-5)

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