# In the matter of M/S INTERTEK APPLIANCES PVT LTD

> NCLT judgment dated 2024-05-07. Citation: TCN-2024-NCLT-01402. The case involves an application for the liquidation of the corporate debtor, Intertek…

- **Court:** NCLT
- **Order date:** 7 May 2024
- **Citation:** TCN-2024-NCLT-01402
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/ms-intertek-appliances-pvt-ltd-b2ee12da

## Summary

### Background

The case involves an application for the liquidation of the corporate debtor, Intertek Appliances Pvt. Ltd. The Committee of Creditors (CoC) resolved to liquidate the corporate debtor with 100% voting share in their 4th meeting held on 12.12.2023. The application was filed under the Insolvency and Bankruptcy Code (IBC), 2016.

## Facts

The Committee of Creditors (CoC) of Intertek Appliances Pvt. Ltd. resolved to liquidate the company with a 100% voting share during their 4th meeting held on December 12, 2023. An application was filed for the liquidation of the corporate debtor and the appointment of a liquidator. The court considered the CoC's decision and the provisions of the Insolvency and Bankruptcy Code (IBC), 2016. Mr. Ashok Kakkar was appointed as the Liquidator. The court issued several directions to the Liquidator, including compliance with IBC provisions, issuing public announcements, investigating financial affairs, and intimating relevant authorities. The order also addressed the cessation of the moratorium under Section 14 and the commencement of a fresh moratorium under Section 33(5) of

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## Issues and analysis

### Issue 1: Whether the application for liquidation of the corporate debtor, Intertek Appliances Pvt. Ltd., …

**Ratio:** The resolution passed by the CoC to liquidate the corporate debtor is a significant

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**Reasoning:** The court considered the CoC's resolution, which was passed with 100% voting share,

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**Interpretation:** The interpretation of Section 33 of the IBC, 2016, suggests that the

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**Application:** In this case, the CoC's resolution with 100% voting share, combined with the

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## Parties

- **Judges:** SH. L. N.…; Sh. Harnam Singh…
- **Appellants:** Kanika Da…
- **Respondents:** Intertek Appliance…

## Timeline

- **2023-12-12 — 4th Meeting…**: The Committee of Creditors (CoC) resolved to liquidate the corporate debtor with 100 per…
- **2024-05-07 — Order Del…**: The court ordered the liquidation of the corporate debtor and appointed Mr. Ashok Kakkar…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 9 — Application for initiation of corporate insolvency…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-9)

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