# In the matter of Hiran Valiyakkil Lal and Others. vs. K V Sreeja

> NCLT judgment dated 2024-04-04. Citation: TCN-2024-NCLT-01828. This case involves an application (IA (C/Act)/16/KOB/2023) filed under rule 11 of NCLT rules…

- **Court:** NCLT
- **Order date:** 4 Apr 2024
- **Citation:** TCN-2024-NCLT-01828
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/hiran-valiyakkil-lal-and-others-vs-k-v-sreeja-2ae0a1ea

## Summary

### Background

This case involves an application (IA (C/Act)/16/KOB/2023) filed under rule 11 of NCLT rules 2016 by Mr. Hiran Valiyakkil Lal and others, who are respondents 2 to 5 in the main petition CP(C/Act)/38/KOB/2022, seeking to dismiss the main petition on the ground of its maintainability. The main petition seeks to wind up Hardoll Enterprises LLP (AAH-3326), the 2nd respondent. The applicants argue that the main petition is not maintainable as it does not comply with Rule 26(4) of LLP Rules, 2012, which requires a statement of affairs of the LLP and a resolution of three-fourths of the total number of partners. They also argue res judicata, stating that the 3rd respondent, son-in-law of the petitioner/1st respondent, had earlier filed a similar petition. The applicants

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## Facts

Hiran Valiyakkil Lal and others filed an application under Rule 11 of NCLT Rules, 2016, seeking the dismissal of the main petition CP(C/Act)/38/KOB/2022, which aims to wind up Hardoll Enterprises LLP (AAH-3326). Hardoll Enterprises LLP was incorporated on 06.09.2016 with a capital contribution of Rs. 50 lakh. The applicants, including respondents 1, 3, and 4, are partners of the LLP. The applicants argue that the main petition is not maintainable because it lacks a statement of affairs and a resolution of three-fourths of the partners, as required by Rule 26(4) of the LLP Rules, 2012. They also claim res judicata, alleging that the 3rd respondent, the petitioner's son-in-law, had previously filed a similar petition. The applicants further contend that the NCLT is not

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## Issues and analysis

### Issue 1: Whether the main petition CP(C/Act)/38/KOB/2022 for winding up Hardoll Enterprises LLP is …

**Ratio:** Rule 26(1) and (2) of LLP Rules read with section 63 and 64 of LLP Act, 2008 provide for

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**Reasoning:** The Tribunal observed that as far as maintainability is in question, the petition is

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**Interpretation:** The LLP Act and Rules allow a partner to file a petition for winding up an LLP,

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**Application:** The Tribunal found that the main petition is maintainable in law, considering

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## Parties

- **Judges:** Shyam Babu…; T Krishna…
- **Appellants:** HIRAN VALIYAKKIL…
- **Respondents:** Hardoll Enterprise…; K V SR…

## Timeline

- **2016-09-06 — Incorporation of…**: Hardoll Enterprises LLP (AAH-3326) was incorporated with a total capital contribution of…
- **2023-07-07 — Hearing on Maintainabili…**: The maintainability…

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