# In the matter of Selathaar Tanning Industry Private Limited IA-414-2021 in IBA-83-2020

> NCLT judgment dated 2022-11-17. Citation: TCN-2022-NCLT-00410. The case involves an application filed by the Interim Resolution Professional (IRP) of M/s.…

- **Court:** NCLT
- **Order date:** 17 Nov 2022
- **Citation:** TCN-2022-NCLT-00410
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/selathaar-tanning-industry-private-limited-ia-414-2021-in-iba-83-2020-f9df52c1

## Summary

### Background

The case involves an application filed by the Interim Resolution Professional (IRP) of M/s. Selathaar Tanning Industries Private Limited under Section 60(5)(c) of the Insolvency and Bankruptcy Code, 2016. The IRP sought the withdrawal of the Corporate Insolvency Resolution Process (CIRP) order dated 09-04-2021, initiation of action against the Operational Creditor (M/s. Amit Dye Chem) for disobedience, compensation for the IRP's time invested, and other reliefs. The Operational Creditor was non-cooperative and did not comply with the Tribunal's orders. The IRP faced difficulties in discharging duties, including making a public announcement and tracing the Corporate Debtor's records. The Corporate Debtor did not appear before the Tribunal, and the proceedings were

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## Facts

M/s. Selathaar Tanning Industries Private Limited, with CIN: U9112TN2001PTC046879, was incorporated on 29.03.2001. The registered office is located in Chennai. The authorized capital is Rs. 1,00,00,000/-, and the paid-up capital is Rs. 10,01,000/-. Jamallur Razack Sakkira Banu and Jamallur Razack Abdul Hakkim are the Directors. An application was filed by the Interim Resolution Professional (IRP), M. Murugesan, due to the non-cooperation of the Operational Creditor, M/s. Amit Dye Chem. The CIRP order was dated 09-04-2021. The IRP was appointed on 12.04.2021. The IRP made several attempts to contact the Operational Creditor but received no response. The IRP could not locate the Corporate Debtor's office or records. The Operational Creditor's shop was closed for more

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## Issues and analysis

### Issue 1: Whether the CIRP order dated 09-04-2021 against M/s. Selathaar Tanning Industries Private Limited …

**Ratio:** The principle of ensuring the smooth and effective functioning of the CIRP process, as

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**Reasoning:** The Tribunal noted that the Operational Creditor's non-cooperation and failure to comply

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**Interpretation:** The legal issue revolves around the interpretation of the IBC's provisions

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**Application:** Given the Operational Creditor's persistent non-cooperation and failure to

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## Parties

- **Judges:** DEEPTI M…; SAMEER…
- **Appellants:** M.Murug…
- **Respondents:** M/s. Selathaar…; Jamallur Razack…
- **Advocates:** S. Sathiyanarayana…

## Timeline

- **2001-03-29 — Incorporation of…**: M/s. Selathaar Tanning Industries…
- **2021-04-09 — CIRP Ord…**: CIRP order was passed against M/s.…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 60(5) — Adjudicating Authority for corporate persons](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-60)

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