# In the matter of UNJ Import Private Limited

> NCLT judgment dated 2023-09-26. Citation: TCN-2023-NCLT-01472. The case involves an application (IA No- 5285/ND/2021) filed by the liquidator, Kamal Agarwal,…

- **Court:** NCLT
- **Order date:** 26 Sept 2023
- **Citation:** TCN-2023-NCLT-01472
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/unj-import-private-limited-463c0c2f

## Summary

### Background

The case involves an application (IA No- 5285/ND/2021) filed by the liquidator, Kamal Agarwal, under Sections 68, 70, 71, 72 & 236(2) of the Insolvency and Bankruptcy Code, 2016, read with Rule 11 of NCLT Rules, 2016, seeking to refer the matter to the Insolvency & Bankruptcy Board of India (IBBI) for filing a complaint in the Special Court established under chapter XXVIII of the Companies Act, 2013. The application alleges non-cooperation by the suspended Board of Directors (Respondents 1 & 2) led by Mr. Pavitra Singh (Respondent no 3), concealment of property, misconduct during the CIRP, falsification of books, and willful omissions from statements. The respondents, including the ex-management, claim they have fully cooperated and that the liquidator is

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## Facts

The liquidator, Kamal Agarwal, filed an application alleging non-cooperation and offenses by the suspended Board of Directors (Respondents 1 & 2) led by Mr. Pavitra Singh (Respondent no 3). The application sought to refer the matter to the IBBI for filing a complaint. The liquidator claimed the respondents concealed property, caused misconduct during the CIRP, falsified books, and made willful omissions. The respondents, including the ex-management, refuted these claims, asserting full cooperation and accusing the liquidator of harassment and mismanagement. They alleged the liquidator acted in connivance with the financial creditor, improperly took possession of assets (Audi A6 Car, Honda City Car), and sold them at low prices, depositing the proceeds in his

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## Issues and analysis

### Issue 1: Whether the application filed by the liquidator seeking to refer the matter to the IBBI for filing …

**Ratio:** The Tribunal has the power to assess the facts and circumstances presented by both

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**Reasoning:** The Tribunal determined that the allegations made by the liquidator did not warrant a

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**Interpretation:** The Tribunal interpreted the provisions of the IBC and NCLT Rules to allow for

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**Application:** The Tribunal applied this principle to the specific facts of the case,

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## Parties

- **Judges:** BACHU VENKAT…; RAHUL BHA…
- **Appellants:** Kamal Ag…
- **Respondents:** UNJ Import…; Utkarsh…

## Timeline

- **2020-02-03 — CIRP Commen…**: CIRP was commenced…
- **2020-02-24 — First Me…**: The ex-management started…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 72 — Punishment for wilful and material omissions from…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-72)

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