# In the matter of Mohan Motor Udyog Private Limited

> NCLT judgment dated 2023-11-23. Citation: TCN-2023-NCLT-00594. The case involves an application under Section 54 of the Insolvency and Bankruptcy Code, 2016,…

- **Court:** NCLT
- **Order date:** 23 Nov 2023
- **Citation:** TCN-2023-NCLT-00594
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/mohan-motor-udyog-private-limited-640163ad

## Summary

### Background

The case involves an application under Section 54 of the Insolvency and Bankruptcy Code, 2016, read with Regulation 45 of the Insolvency and Bankruptcy Board of India (Liquidation Process) Regulations, 2016. The application, IA(IBC)/1123(KB)2023, was filed by the liquidator of Mohan Motor Udyog Private Limited, seeking dissolution of the Corporate Debtor. The liquidation order was passed on 2021-10-08, and a Liquidation Account was opened on 2021-12-31 with ICICI Bank.

## Facts

Air Com Travels Private Limited is the Operational Creditor. Mohan Motor Udyog Private Limited (CIN: U50300WB1986PTC041458) is the Corporate Debtor. Mr. Abhit Kumar Singh is the Liquidator representing Mohan Motor Udyog Private Limited. A liquidation order was passed on 2021-10-08. A Liquidation Account was opened on 2021-12-31 with ICICI Bank. The liquidator filed IA(IBC)/1123(KB)2023 under Section 54 of the Insolvency and Bankruptcy Code, 2016, seeking dissolution of the Corporate Debtor. The applicant annexed Form H but did not annex the Final Report. No averments or documents were placed on record regarding compliance with Regulations 12, 13, 21, 21A, 31, 31A, 34, 35, 41, 44, 44A, and 45.

## Issues and analysis

### Issue 1: Whether the applicant has complied with Regulation 45 of the Liquidation Regulations by annexing …

**Ratio:** Regulation 45 of the Liquidation Regulations mandates the submission of a Final Report

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**Reasoning:** The court observed that the applicant had only annexed Form H but not the Final Report,

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**Interpretation:** Regulation 45 is interpreted strictly to require the Final Report to be

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**Application:** The applicant's failure to annex the Final Report constitutes a deficiency in

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## Parties

- **Judges:** RohitKa…; Balraj…
- **Respondents:** Mohan Motor Udyog…; Air Com Travels…

## Timeline

- **2021-10-08 — Liquidation Ord…**: Liquidation order was passed for…
- **2021-12-31 — Liquidation Account…**: Liquidation Account was opened with ICICI…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 54 — Dissolution of corporate debtor](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-54)

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