# In the matter of Nesa India Producer India Private Limited IA-989-2021 in (IB) 2863(ND)-2019

> NCLT judgment dated 2022-01-21. Citation: TCN-2022-NCLT-04383. The case involves an application (IA/989/2021) within an insolvency proceeding…

- **Court:** NCLT
- **Order date:** 21 Jan 2022
- **Citation:** TCN-2022-NCLT-04383
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/nesa-india-producer-india-private-limited-ia-989-2021-in-ib-2863nd-2019-0e513736

## Summary

### Background

The case involves an application (IA/989/2021) within an insolvency proceeding (IB/2863(ND)/2019) before the National Company Law Tribunal (NCLT), New Delhi Bench-V. The matter concerns the appointment of a liquidator for NESA INDIA PRODUCER COMPANY LIMITED after the erstwhile Interim Resolution Professional (IRP) declined to act as liquidator. The Committee of Creditors (CoC) was not constituted.

## Facts

Sunil Kumar, the operational creditor/applicant, initiated insolvency proceedings against NESA INDIA PRODUCER COMPANY LIMITED, the corporate debtor/respondent. The Interim Resolution Professional (IRP) initially appointed declined to act as liquidator. No Committee of Creditors (CoC) was constituted. The NCLT considered these facts while passing the order of liquidation on January 25, 2022. The matter was listed on January 31, 2022, to appoint a liquidator. The IRP's refusal to act as liquidator necessitated the appointment of a new liquidator by the NCLT.

## Issues and analysis

### Issue 1: Whether the Adjudicating Authority can appoint a liquidator when the initially appointed Interim …

**Ratio:** Rule 11 of the NCLT Rules allows the Adjudicating Authority to exercise powers to meet

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**Reasoning:** The court reasoned that since neither the CoC was constituted nor was there any other

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**Interpretation:** Rule 11 of the NCLT Rules provides a mechanism for the NCLT to address

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**Application:** The court applied Rule 11 to appoint Mr. Lekhraj Bajaj as the liquidator, as

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## Parties

- **Judges:** ABNI RANJAN KUMAR…; AVINASH K.…
- **Appellants:** SUNIL K…
- **Respondents:** Nesa India…

## Timeline

- **2022-01-25 — Order of Liqu…**: The order of liquidation…
- **2022-01-31 — Hearing…**: The matter was listed to…

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