# In the matter of Shirani Automotive Pvt. Ltd.

> NCLT judgment dated 2022-12-09. Citation: TCN-2022-NCLT-00189. The application was filed by the Resolution Professional under Section 33(1) of the IBC, 2016,…

- **Court:** NCLT
- **Order date:** 9 Dec 2022
- **Citation:** TCN-2022-NCLT-00189
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/shirani-automotive-pvt-ltd-d9a58fec

## Summary

### Background

The application was filed by the Resolution Professional under Section 33(1) of the IBC, 2016, read with Rule 11 of the NCLT Rules, 2016, seeking an order for the liquidation of the Corporate Debtor.

## Facts

The Resolution Professional (RP), Kamal Agarwal, filed an application, IA/260(MP)2022 , under Section 33(1) of the IBC, 2016, read with Rule 11 of the NCLT Rules, 2016. The purpose of this application was to obtain an order for the liquidation of the Corporate Debtor. This proceeding was initiated in the National Company Law Tribunal, Indore Special Bench, Court No. 1.

## Issues and analysis

### Issue 1: Whether the application for liquidation filed by the Resolution Professional is valid without a …

**Ratio:** The NCLT implicitly held that a CoC resolution is a prerequisite for an application

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**Reasoning:** The NCLT observed that the application was not supported by any CoC resolution regarding

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**Interpretation:** The court interpreted **Section 33(1) of the IBC, 2016**, and **Rule 11 of the

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**Application:** Given the absence of a CoC resolution, the NCLT did not immediately grant the

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## Parties

- **Judges:** Praveen…; KAUSHALENDRA…
- **Appellants:** Kamal Agarw…; Kamal Ag…; +1 more
- **Respondents:** Volkswagen…
- **Advocates:** For the Applicant:…; For the Respondent…; +2 more

## Timeline

- **December 9, 2022 — Order Del…**: The NCLT delivered an order on IA/260(MP)2022, noting the lack of CoC resolution for…
- **January 6, 2023 — Next Hearin…**: The matter is scheduled to come…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 33(1) — Initiation of liquidation](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-33)

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