# In the matter of MESH7 Private Limited CP(IB)-147-CHE-2022

> NCLT judgment dated 2022-07-18. Citation: TCN-2022-NCLT-01668. The case pertains to the voluntary liquidation of MESH7 Private Limited under Section 59 of the…

- **Court:** NCLT
- **Order date:** 18 Jul 2022
- **Citation:** TCN-2022-NCLT-01668
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/mesh7-private-limited-cpib-147-che-2022-eb0420d4

## Summary

### Background

The case pertains to the voluntary liquidation of MESH7 Private Limited under Section 59 of the Insolvency and Bankruptcy Code, 2016. The application, CP(IB)/147/CHE/2022, was filed by the liquidator, Mr. Vasudevan Gopu. The company was incorporated in 2019 and was engaged in information technology and computer-related business. It was acquired by VMWare Alpha LLC in 2021 and ceased business operations. The board of directors approved the winding up of the company, and the members passed a special resolution for voluntary liquidation. The liquidator made public announcements and followed the procedures prescribed under the Insolvency and Bankruptcy Board of India (Voluntary Liquidation Process) Regulations, 2017.

## Facts

MESH7 Private Limited, incorporated on June 10, 2019, under the Companies Act, 2013, was engaged in information technology and computer-related business. Its CIN is U72900TN2019FTC129786. The company's authorized share capital was Rs. 1,00,000, divided into 10,000 equity shares of Rs. 10 each. The directors included Mr. Devakumar Ramamoorthy, Mr. James Andrew Munk, and Mr. Craig Douglas Norris. The shareholders were VMWare Alpha LLC (9,990 shares) and Mr. Devakumar Ramamoorthy (10 shares). On April 1, 2021, the MESH7 group was acquired by VMWare Alpha LLC, and the company ceased business operations. The company's board of directors approved the winding up of the company, and the members passed a special resolution for voluntary liquidation on September 29, 2021. The

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## Issues and analysis

### Issue 1: Whether the affairs of MESH7 Private Limited have been completely wound up and its assets …

**Ratio:** Section 59(8) of the Insolvency and Bankruptcy Code, 2016, empowers the court to order

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**Reasoning:** The court examined the submissions made by the liquidator and perused the documents

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**Interpretation:** Section 59(8) provides the legal basis for dissolving a company that has

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**Application:** In this case, the court applied Section 59(8) to the facts presented by the

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## Parties

- **Judges:** S. Ramath…; SAMEER…
- **Appellants:** Vasudevan…
- **Respondents:** MESH7 Private…

## Timeline

- **2019-06-10 — Company Incor…**: MESH7 Private Limited was…
- **2021-04-01 — Acquisition by VMWare…**: MESH7 group of companies was…

## Legal provisions

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

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