# In the matter of Kiewit India LLP C.P. (IB)No.109-BB--2022

> NCLT judgment dated 2023-05-25. Citation: TCN-2023-NCLT-03165. The case pertains to a Company Petition filed by Kiewit India LLP, represented by its…

- **Court:** NCLT
- **Order date:** 25 May 2023
- **Citation:** TCN-2023-NCLT-03165
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/kiewit-india-llp-cp-ibno109-bb-2022-14c23c50

## Summary

### Background

The case pertains to a Company Petition filed by Kiewit India LLP, represented by its liquidator, Mr. Vivek Mallya, under Section 59(7) of the Insolvency and Bankruptcy Code, 2016. The petition seeks a direction for the dissolution of Kiewit India LLP, a limited liability partnership (LLP), with effect from the date of the order by the Adjudicating Authority. Kiewit India LLP was originally engaged in overseas business, monitoring third-party Indian service providers and suppliers to its global affiliates. The LLP had entered into an agreement with Kiewit Engineering Group Inc. to provide oversight activities for a third-party Indian service provider engaged by Kiewit Engineering Group Inc. for engineering services on a project in the USA. The LLP convened a meeting of

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## Facts

Kiewit India LLP, a limited liability partnership, was engaged in overseas business, monitoring third-party Indian service providers and suppliers to its global affiliates. It entered into an agreement with Kiewit Engineering Group Inc. to provide oversight activities for engineering services on a project in the USA. Due to unspecified reasons, the LLP decided to undergo voluntary liquidation. On 15.07.2021, the designated partners approved a Declaration of Solvency, stating the LLP could pay its debts in full from asset sales within six months without defrauding anyone. Mr. Vivek Mallya was appointed as the liquidator. A public announcement of the liquidation was made on 16.07.2021. The LLP's only asset was a bank balance, which was distributed. The liquidator

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## Issues and analysis

### Issue 1: Whether the affairs of the LLP have been completely …

**Ratio:** The legal principle is that if the affairs of a company or LLP have been completely wound

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**Reasoning:** The court reasoned that the liquidator had taken all necessary steps to wind up the

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**Interpretation:** This issue involves interpreting the provisions of the IBC, 2016, and the IBBI

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**Application:** In this case, the court applied the legal principle to the facts and found that

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## Parties

- **Judges:** T. Krishn…; Manoj Kumar…
- **Respondents:** Kiewit Ind…

## Timeline

- **2022-05-04 — Company Petiti…**: The instant Company Petition is filed by Kiewit India LLP represented by Mr. Vivek…
- **2021-07-15 — Designated Partners…**: The LLP convened a meeting of Designated Partners of the LLP wherein the Designated…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 59(7) — Voluntary liquidation of corporate persons](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-59)

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