# In the matter of Hardrock Attachments Private Limited

> NCLT judgment dated 2023-09-11. Citation: TCN-2023-NCLT-01715. The case involves an application (I.A. (IB) No. 826/KB/2023) filed by Dharamveer Singh, a…

- **Court:** NCLT
- **Order date:** 11 Sept 2023
- **Citation:** TCN-2023-NCLT-01715
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/hardrock-attachments-private-limited-fafe3d20

## Summary

### Background

The case involves an application (I.A. (IB) No. 826/KB/2023) filed by Dharamveer Singh, a suspended Board of Director of Hardrock Attachments Private Limited ("Corporate Debtor"), against Daulat Ram Jain, the Resolution Professional of Hardrock Attachments Private Limited, and State Bank of India. The application seeks several reliefs, primarily concerning the re-registration of the corporate debtor as an Udyam enterprise and the applicant's inclusion in the list of prospective resolution applicants. The Corporate Insolvency Resolution Process (CIRP) was initiated against Hardrock Attachments Private Limited based on a petition filed by State Bank of India, and Daulat Ram Jain was appointed as the Resolution Professional.

## Facts

Hardrock Attachments Private Limited is a medium enterprise engaged in manufacturing fabricated metal products. State Bank of India initiated Corporate Insolvency Resolution Process (CIRP) against Hardrock Attachments Private Limited under Section 7 of the Insolvency and Bankruptcy Code, 2016. Daulat Ram Jain was appointed as the Resolution Professional. Dharamveer Singh, a suspended Board of Director of Hardrock Attachments Private Limited, filed an application seeking re-registration of the corporate debtor as an Udyam enterprise and inclusion in the list of prospective resolution applicants. The Corporate Debtor had a Udyog Aadhar Registration Certificate that was valid until 30 June 2022. The Resolution Professional published Form ‘G' inviting Expression of

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## Issues and analysis

### Issue 1: Whether the Corporate …

**Ratio:** An entity must be registered with the appropriate authority under the MSME Act to be

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**Reasoning:** The court noted that the Corporate Debtor's MSME certificate had expired prior to the

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**Interpretation:** The MSME Act requires periodic renewal of MSME certificates. The absence of a

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**Application:** Despite the expired certificate, the court directed the Resolution Professional

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## Parties

- **Judges:** BIDISHA BA…; Balraj…
- **Appellants:** Dharamveer…
- **Respondents:** Hardrock Attachmen…; Daulat Ra…

## Timeline

- **2022-06-30 — Expiry of Udyog Aadhar…**: The Udyog Aadhar Registration…
- **2022-12-02 — CIRP Init…**: Corporate Insolvency Resolution Process (CIRP) was initiated against Hardrock Attachments…

## 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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