# In the matter of I-dzire Hospitality Pvt. Ltd.

> NCLT judgment dated 2023-12-05. Citation: TCN-2023-NCLT-00423. The case pertains to the insolvency resolution of Idzire Hospitality Private Limited under the…

- **Court:** NCLT
- **Order date:** 5 Dec 2023
- **Citation:** TCN-2023-NCLT-00423
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/i-dzire-hospitality-pvt-ltd-097c11c9

## Summary

### Background

The case pertains to the insolvency resolution of Idzire Hospitality Private Limited under the Insolvency and Bankruptcy Code, 2016. The Committee of Creditors (CoC) resolved to initiate liquidation of the Corporate Debtor (CD) with a 100% vote share, as the CD had not been in operation for the last three years and there was no possibility of revival of business. No resolution plan or expression of interest was received, and the CD had negligible assets. An application was filed by the Ex-IRP Mr. Manoj Kumar Singh praying to release him from the present assignment, in view of the fact that he is under disciplinary proceedings by the IBBI. The Adjudicating Authority (AA) ordered for initiation of the liquidation process of the CD.

## Facts

Jasoda Gulliya filed an application against Idzire Hospitality Private Limited under Section 7 of the Insolvency and Bankruptcy Code (IBC), 2016. The Corporate Debtor, Idzire Hospitality Private Limited, had not been in operation for the last three years. The Committee of Creditors (CoC) resolved to initiate liquidation of the Corporate Debtor with a 100% vote share. No resolution plan or expression of interest was received from any prospective resolution applicant. The Corporate Debtor had negligible assets. Mr. Manoj Kumar Singh, the IRP, faced disciplinary action and did not discharge any functions during a specific period. The CoC passed a resolution dated 30.01.2023 regarding the appointment of IRP as RP. The CoC passed a resolution dated 05.06.2023 for initiating

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## Issues and analysis

### Issue 1: Whether the Corporate Debtor, M/s I-Dzire …

**Ratio:** Section 33(2) of the IBC, 2016, allows for the liquidation of the Corporate Debtor when

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**Reasoning:** The CoC has already decided to liquidate the CD, in terms of the provisions of Section 33

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**Interpretation:** Section 33(2) of the IBC, 2016, permits the Adjudicating Authority to order

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**Application:** Since the CoC has decided to liquidate the Corporate Debtor, the same is

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## Parties

- **Judges:** SH. ASHOK KUMAR…; SH. L. N.…
- **Appellants:** Jasoda Gu…
- **Respondents:** Idzire Hospitality…; M/s. Idzire…

## Timeline

- **2021-07-28 — Period o…**: The period from 28.07.2021 to 07.12.2022, during which Mr. Manoj Kumar Singh IRP remained…
- **2022-12-07 — Order in IA-3…**: The order dated 07.12.2022 passed in IA-3727/2021, in terms of which Mr. Manoj Kumar…

## 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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