# In the matter of Maurya Manpower Services Private Limited IA (IB) No. 448-KB-2022 in CP (IB) No. 276-KB-2021

> NCLT judgment dated 2022-07-06. Citation: TCN-2022-NCLT-01842. The case involves an application filed by the Resolution Professional (RP) of Maurya Manpower…

- **Court:** NCLT
- **Order date:** 6 Jul 2022
- **Citation:** TCN-2022-NCLT-01842
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/maurya-manpower-services-private-limited-ia-ib-no-448-kb-2022-in-cp-ib-no-276-kb-9bfb5728

## Summary

### Background

The case involves an application filed by the Resolution Professional (RP) of Maurya Manpower Services Private Limited, seeking liquidation of the Corporate Debtor. The application was filed upon the instructions of the Committee of Creditors (CoC) because the Corporate Debtor had ceased business operations for the past three years. The Corporate Insolvency Resolution Process (CIRP) was initiated on February 11, 2022, following a petition filed under section 10 of the Insolvency and Bankruptcy Code, 2016. Mr. Anand Kumar Shandilya was appointed as the Interim Resolution Professional (IRP).

## Facts

Maurya Manpower Services Private Limited (Corporate Debtor) is facing liquidation. The Resolution Professional (RP), Mr. Anang Kumar Shandilya, filed an application seeking liquidation under section 33(2) of the Insolvency and Bankruptcy Code, 2016, based on the instructions of the Committee of Creditors (CoC). The Corporate Debtor had ceased business operations for three years. The Corporate Insolvency Resolution Process (CIRP) was initiated on February 11, 2022. A public announcement was made on February 14, 2022. The CoC consists of one financial creditor, Vivid Colors Private Limited. The first CoC meeting was held on March 12, 2022, where Mr. Anang Kumar Shandilya was appointed as the Resolution Professional. The Corporate Debtor's financial position deteriorated,

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## Issues and analysis

### Issue 1: Whether the application filed by the Resolution Professional under section 33(2) of the Insolvency …

**Ratio:** Section 33(2) of the Insolvency and Bankruptcy Code, 2016, allows the Adjudicating

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**Reasoning:** The Corporate Debtor was inoperative for the past three years, with no intention to carry

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**Interpretation:** Section 33(2) provides the legal basis for initiating liquidation when the

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**Application:** The Corporate Debtor, Maurya Manpower Services Private Limited, met the

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## Parties

- **Judges:** Rohit K…; Harish Chander…; +1 more
- **Appellants:** Anang Kumar…
- **Respondents:** Maurya Manpower…

## Timeline

- **2022-02-11 — Initiation…**: Adjudicating Authority directed initiation of Corporate Insolvency Resolution Process…
- **2022-02-14 — Public Annou…**: Public announcement was made in…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 52 — Secured creditor in liquidation proceedings](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-52)

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