# In the matter of Sensetive Infra Private Limited

> NCLT judgment dated 2023-11-21. Citation: TCN-2023-NCLT-00699. The case involves an application (IA(IBC)/9(KB)2023) filed by the Liquidator of Sensetive Infra…

- **Court:** NCLT
- **Order date:** 21 Nov 2023
- **Citation:** TCN-2023-NCLT-00699
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/sensetive-infra-private-limited-51b2d529

## Summary

### Background

The case involves an application (IA(IBC)/9(KB)2023) filed by the Liquidator of Sensetive Infra Private Limited, the Corporate Debtor, seeking dissolution under section 54 of the Insolvency and Bankruptcy Code, 2016. The Corporate Debtor was initially admitted into CIRP on 18/02/2020 based on a petition by Kamar Infrastructure Private, an Operational Creditor. Nitesh Kumar More was appointed as the Interim Resolution Professional (IRP) and later as the Liquidator. Subsequently, the applicant, Abhit Kumar Singh, replaced Nitesh Kumar More as the Liquidator on 21/06/2022.

## Facts

Kamar Infrastructure Private Limited, an Operational Creditor, initiated CIRP against Sensetive Infra Private Limited. The CIRP was initiated on 18/02/2020. Nitesh Kumar More was appointed as IRP and later as Liquidator. Abhit Kumar Singh replaced him as Liquidator on 21/06/2022. A public announcement was made on 01/07/2022, but only one claim was received from the Employees Provident Fund Organisation for Rs.2,713/-. No Stakeholders' Consultation Committee (SCC) could be formed due to the absence of claims. The petitioning Operational Creditor also did not file a claim. The Corporate Debtor has no fixed or realizable assets. The total CIRP cost was Rs.6,12,730/-, and the liquidation cost was Rs.1,48,342/-. The Liquidator submitted reports and intimated relevant

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## Issues and analysis

### Issue 1: Whether the application for dissolution of the Corporate Debtor under section 54 of the Insolvency …

**Ratio:** Section 54 of the Insolvency and Bankruptcy Code, 2016, allows for the dissolution of a

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**Reasoning:** The court reasoned that the Corporate Debtor had no realizable assets, no SCC was formed,

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**Interpretation:** Section 54 and Regulation 14 are interpreted to allow for dissolution when the

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**Application:** The court applied the provisions of Section 54 and Regulation 14 to the

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## Parties

- **Judges:** BIDISHA BA…; ARVIND DEVA…
- **Respondents:** Sensetive Infra…

## Timeline

- **2020-02-18 — Initiation…**: CIRP initiated against Sensetive Infra Private Limited based on a petition by Kamar…
- **2022-06-15 — Liquidation…**: Liquidation order passed, appointing…

## 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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