# In the matter of Superkisan E-Commerce Private Limited

> NCLT judgment dated 2023-11-10. Citation: TCN-2023-NCLT-00771. The case involves an application (I.A./6335/ND/2022) filed by the Resolution Professional (RP)…

- **Court:** NCLT
- **Order date:** 10 Nov 2023
- **Citation:** TCN-2023-NCLT-00771
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/superkisan-e-commerce-private-limited-58a3ce07

## Summary

### Background

The case involves an application (I.A./6335/ND/2022) filed by the Resolution Professional (RP) of Superkisan E-Commerce Private Limited, seeking liquidation of the company under Section 33 of the Insolvency and Bankruptcy Code (IBC), 2016. The Corporate Insolvency Resolution Process (CIRP) against Superkisan E-Commerce Private Limited was initiated on 23.07.2021. The RP was confirmed by the Committee of Creditors (CoC) on 08.09.2021. The original applicant, Umbrella Infocare Private Limited, had not filed its claim in the CIRP. An application was filed against the directors of the Corporate Debtor for lack of cooperation. The CoC decided to liquidate the Corporate Debtor due to the absence of a resolution plan and the lack of substantial assets. The CoC voted in favor

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## Facts

The Corporate Insolvency Resolution Process (CIRP) was initiated against Superkisan E-Commerce Private Limited on 23.07.2021. The Interim Resolution Professional (IRP) made a public announcement on 28.07.2021. The Committee of Creditors (CoC) confirmed the IRP as the Resolution Professional (RP) on 08.09.2021. The original applicant, Umbrella Infocare Private Limited, did not file its claim in the CIRP. The RP filed an application against the directors of the Corporate Debtor for lack of cooperation, which was addressed by the Adjudicating Authority on 30.05.2022. The RP also filed an application seeking exclusion of a period from the CIRP, which was allowed on 29.09.2022. The RP updated the list of creditors on 15.07.2022. The CoC members were informed that the

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## Issues and analysis

### Issue 1: Whether the Adjudicating Authority should allow the application for liquidation of the Corporate …

**Ratio:** Section 33(2) of the Insolvency and Bankruptcy Code, 2016, allows the Adjudicating

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**Reasoning:** The Committee of Creditors (CoC) voted in favor of liquidation with 89.40% of the voting

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**Interpretation:** Section 33(2) provides a mechanism for the liquidation of a corporate debtor

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**Application:** In this case, the CoC's decision to liquidate the Corporate Debtor was

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## Parties

- **Judges:** MANNI SANKARIAH…; RAHUL BHA…
- **Appellants:** Apoorv Sa…
- **Respondents:** Superkisan…; Superkisan…

## Timeline

- **2021-07-23 — CIRP Init…**: Corporate Insolvency Resolution Process against Superkisan E-Commerce Private Limited was…
- **2021-07-28 — Public Annou…**: Interim Resolution Professional…

## 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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