# In the matter of Logix Infrastructure Private Limited

> NCLT judgment dated 2025-02-06. Citation: TCN-2025-NCLT-00516. The case involves an application (IA-6541/2023) filed by Mr. Ankoor B Sarkar and another, who…

- **Court:** NCLT
- **Order date:** 6 Feb 2025
- **Citation:** TCN-2025-NCLT-00516
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/logix-infrastructure-private-limited-0996ebd2

## Summary

### Background

The case involves an application (IA-6541/2023) filed by Mr. Ankoor B Sarkar and another, who are allottees in the Logix Blossom Country project, seeking the dismissal of the Corporate Insolvency Resolution Process (CIRP) initiated against Logix Infrastructure Private Limited (Corporate Debtor) by Experts Realty Professionals Private Limited (Financial Creditor). The applicants allege that the CIRP was initiated fraudulently and with malicious intent, with collusion between the Financial Creditor and the Corporate Debtor. The CIRP was initiated based on an application under Section 7 of the Insolvency and Bankruptcy Code (IBC), which was admitted by the Adjudicating Authority on 14.07.2023. The applicants contend that there was a pre-planned manipulation of

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## Facts

1. An application under Section 7 of the Insolvency and Bankruptcy Code (IBC) was filed by Experts Realty Professionals Private Limited (Financial Creditor) against Logix Infrastructure Private Limited (Corporate Debtor), which was admitted on 14.07.2023.
2. Mr. Ankoor B Sarkar and another, allottees in the Logix Blossom Country project, filed IA-6541/2023 seeking dismissal of the CIRP, alleging fraudulent and malicious intent.
3. Mr. Hemant Sharma served as an Additional Director in Experts Realty from 12.05.2020 to 05.09.2020 and then became a Director in Logix Infrastructure on 11.09.2020.
4. Mr. Neeraj Gusain joined Experts Realty on 30.09.2020 and continues to serve. Both Mr. Gusain and Mr. Sharma are designated partners in New Greens Landkart LLP.
5. A Memorandum of

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## Issues and analysis

### Issue 1: Whether the CIRP was initiated with fraudulent and …

**Ratio:** The Adjudicating Authority can exercise its inherent jurisdiction to close CIRP

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**Reasoning:** The Adjudicating Authority observed that the Financial Creditor used the CIRP forum for

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**Interpretation:** This interpretation emphasizes the importance of preventing the misuse of the

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**Application:** In this case, the Adjudicating Authority found sufficient evidence of fraud and

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## Parties

- **Judges:** ATUL CHAT…; BACHU VENKAT…
- **Appellants:** Ankoor B…
- **Respondents:** M/s. Logix…; M/s. Experts…

## Timeline

- **2010-01-01 — Commencement of Logix…**: The Corporate Debtor commenced the construction of the residential project Logix Blossom…
- **2020-05-12 — Mr. Hemant Sharma joins…**: Mr. Hemant Sharma served as an Additional Director with M/s. Experts Realty Professionals…

## 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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