# In the matter of Enlightenment 99 Software Consultants Private Limited

> NCLT judgment dated 2023-11-09. Citation: TCN-2023-NCLT-00818. The case pertains to the voluntary liquidation of Enlightenment 99 Software Consultants Private…

- **Court:** NCLT
- **Order date:** 9 Nov 2023
- **Citation:** TCN-2023-NCLT-00818
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/enlightenment-99-software-consultants-private-limited-28e05697

## Summary

### Background

The case pertains to the voluntary liquidation of Enlightenment 99 Software Consultants Private Limited under Section 59(7) of the Insolvency and Bankruptcy Code, 2016, read with Regulation 38 of the IBBI (Voluntary Liquidation Process) Regulations, 2017. The company faced unfavorable market conditions and cessation of work orders from its primary client, leading to a decision for voluntary liquidation. The Board of Directors passed special resolutions, and a liquidator, Mr. Kashyap A Shah, was appointed to oversee the liquidation process.

## Facts

Enlightenment 99 Software Consultants Private Limited, incorporated on 2004-03-12, underwent voluntary liquidation due to unfavorable market conditions and the loss of its primary client, Planate Entitlement Corporation in Canada. The Board of Directors decided on voluntary liquidation in a meeting held on 2021-02-09. A special resolution was passed on 2021-02-11, and Mr. Kashyap A Shah was appointed as the liquidator. The company's authorized share capital was Rs. 10,10,000, and the paid-up capital was Rs. 10,00,200. The equity shares were divided between Haresh Kalyanjibhai and Angel Mehta, each holding 49.99%, and Mukesh Anantrai Mehta and Rekhaben Mukesh Mehta, each holding 0.01%. The liquidator made public announcements and submitted reports as required by the

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## Issues and analysis

### Issue 1: Whether the affairs of Enlightenment 99 Software Consultants Private Limited have been completely …

**Ratio:** Section 59(8) of the Insolvency and Bankruptcy Code, 2016, empowers the Adjudicating

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**Reasoning:** The court reviewed the liquidator's reports, including the final report, and found that

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**Interpretation:** Section 59(8) provides the legal basis for dissolving a corporate debtor after

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**Application:** Based on the liquidator's report and the absence of any pending issues, the

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## Parties

- **Judges:** Chitra Ha…; V. G. Venkata…
- **Respondents:** Enlightenment 99…

## Timeline

- **2004-03-12 — Company Incor…**: Enlightenment 99 Software Consultants…
- **2021-02-09 — Board Me…**: Board of Director's meeting held,…

## Legal provisions

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

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