# In the matter of Kilburn Office Automation Limited

> NCLT judgment dated 2023-12-22. Citation: TCN-2023-NCLT-00019. The case pertains to an application under Section 30(6) and Section 31(1) of the Insolvency &…

- **Court:** NCLT
- **Order date:** 22 Dec 2023
- **Citation:** TCN-2023-NCLT-00019
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/kilburn-office-automation-limited-667503a2

## Summary

### Background

The case pertains to an application under Section 30(6) and Section 31(1) of the Insolvency & Bankruptcy Code, 2016, read with Regulation 39(4) of the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016, for approval of a Resolution Plan concerning Kilburn Office Automation Limited. The court observed deficiencies in the Resolution Plan, specifically regarding the disclosure of details about the resolution applicant's or related parties' past failures in implementing other resolution plans and the compliance with Section 30(2)(e) and (f) of the Code.

## Facts

Kilburn Office Automation Limited is undergoing a Corporate Insolvency Resolution Process (CIRP). Kamal Nayan Jain is the Resolution Professional (RP). An application was filed under Section 30(6) and Section 31(1) of the Insolvency & Bankruptcy Code, 2016, for approval of a Resolution Plan. The National Company Law Tribunal (NCLT), Kolkata Bench, reviewed the Resolution Plan and found it deficient in two aspects: it lacked a statement detailing any past failures of the resolution applicant or related parties in implementing other resolution plans, and it insufficiently substantiated compliance with Section 30(2)(e) and (f) of the Code, stating only 'yes' without further explanation. The NCLT directed the RP to file a supplementary affidavit clarifying these points.

## Issues and analysis

### Issue 1: Whether the Resolution Plan submitted by the Applicant contains sufficient information regarding …

**Ratio:** Regulation 38(1B) of the CIRP Regulations mandates the inclusion of a statement detailing

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**Reasoning:** The court observed that the Resolution Plan did not include the required statement

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**Interpretation:** Regulation 38(1B) is interpreted to require explicit disclosure of any

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**Application:** The court applied the ratio by noting the absence of the required statement in

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## Parties

- **Judges:** Rohit K…; Balraj…; +1 more
- **Respondents:** Kilburn Office…

## Timeline

- **N/A — Application…**: Application filed under section 30(6) and section 31(1) of the Insolvency & Bankruptcy…
- **2023-12-22 — Order Is…**: NCLT directs the Applicant to file a supplementary affidavit clarifying observations…

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