# In the matter of R. S. H. Agro Products Ltd.

> NCLT judgment dated 2025-12-03. Citation: TCN-2025-NCLT-01887. The case involves an application filed by NK Power and Infrastructure Private Limited, the…

- **Court:** NCLT
- **Order date:** 3 Dec 2025
- **Citation:** TCN-2025-NCLT-01887
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-guwahati/r-s-h-agro-products-ltd-caacb1bc

## Summary

### Background

The case involves an application filed by NK Power and Infrastructure Private Limited, the successful purchaser of R.S.H. Agro Products Limited, seeking confirmation regarding the sale of the Corporate Debtor as a going concern under Section 60(5) of the Insolvency and Bankruptcy Code, 2016.

## Facts

NK Power and Infrastructure Private Limited filed an application seeking confirmation regarding the sale of R.S.H. Agro Products Limited as a going concern.

CIRP was initiated against R.S.H. Agro Products Limited on 23.11.2021.

Liquidation process was initiated on 18.12.2023, and Ms. Sudha Sarma was appointed as the Liquidator.

The Liquidator published an e-auction notice on 01.04.2024, and the e-auction was conducted on 26.04.2024.

NK Power and Infrastructure Private Limited emerged as the highest bidder in the auction.

The Liquidator issued a Sale Certificate dated 05.09.2024 after receiving the entire sale consideration of Rs. 17,96,99,366/-.

The Liquidator completed the liquidation process on 20.12.2024 and filed the final report.

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## Issues and analysis

### Issue 1: Whether the sale of the Corporate Debtor as …

**Ratio:** Regulation 32(e) of the IBBI

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**Reasoning:** The Tribunal confirmed the sale based on the fact that the sale process was conducted in

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**Interpretation:** The sale of the Corporate Debtor as a going concern is valid and should be

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**Application:** The Tribunal confirmed the sale of R.S.H. Agro Products Limited to NK Power and

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## Parties

- **Judges:** Rammurti Ku…
- **Appellants:** NK Power and…
- **Respondents:** R.S.H. Agro…; Sudha S…
- **Other parties:** Nipon Kumar…; Barnali Ta…; +4 more
- **Advocates:** Anay Khan…; A. Vi…

## Timeline

- **2021-11-23 — CIRP Init…**: Corporate Insolvency Resolution Process…
- **2023-12-18 — Liquidation In…**: Liquidation process initiated, and Ms.…

## 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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