# In the matter of MALAYALAM VEHICLES INDIA PRIVATE LIMITED

> NCLT judgment dated 2025-10-31. Citation: TCN-2025-NCLT-01544. The application was filed by the Resolution Professional of the Corporate Debtor, Malayalam…

- **Court:** NCLT
- **Order date:** 31 Oct 2025
- **Citation:** TCN-2025-NCLT-01544
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-kochi/malayalam-vehicles-india-private-limited-6985d22c

## Summary

### Background

The application was filed by the Resolution Professional of the Corporate Debtor, Malayalam Vehicles India Private Limited, seeking liquidation of the Corporate Debtor under Section 33(2) of the Insolvency and Bankruptcy Code, 2016, and appointment of the Resolution Professional as Liquidator under Section 34 of the Code.

## Facts

The Corporate Debtor, Malayalam Vehicles India Private Limited, was admitted into CIRP on 04.04.2025.

Mr. Jayaprakash M.D. was appointed as the Interim Resolution Professional (IRP).

The IRP made a public announcement inviting claims on 07.04.2025.

The Committee of Creditors (CoC) was constituted on 26.04.2025.

The CoC resolved with 89.07% votes to liquidate the Corporate Debtor on 22.08.2025.

The Resolution Professional (RP), Mr. P. Balasubramanian, was appointed as the Liquidator.

The Corporate Debtor was incorporated on 12.04.2017 and was a dealer of Tata Motors Limited.

The CoC rejected the resolution to approve the sale of the Corporate Debtor as a going concern with only 37.94% votes.

## Issues and analysis

### Issue 1: Whether the CoC's decision to …

**Ratio:** The CoC resolved with 89.07% votes to liquidate the Corporate Debtor, which is more than

…

**Reasoning:** The CoC's decision was based on the lack of viable resolution plans or expressions of

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**Interpretation:** The Adjudicating Authority

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**Application:** The Adjudicating Authority deemed it fit to order the liquidation of the

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## Parties

- **Judges:** Vinay…; Madhu S…
- **Appellants:** P. Balasubr…
- **Respondents:** M/s Malayalam…
- **Other parties:** Committee of…; Jayaprakas…
- **Advocates:** Vinod…

## Timeline

- **04.04.2025 — Admission in…**: Hon'ble NCLT Kochi admits CP(IBC)/55/KOB/2024 under Section 10 of IBC and appointed Mr.…
- **07.04.2025 — Public Annou…**: IRP made the Public…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 33(2) — Initiation of liquidation](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-33)

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