# Deenanath Nandlal Patni vs. M R Nirman Private Limited

> NCLT judgment dated 13 Nov 2025. Citation: TCN-2025-NCLT-01701. The case involves an application filed under Section 33 of the Insolvency and Bankruptcy Code,…

- **Court:** NCLT
- **Order date:** 13 Nov 2025
- **Citation:** TCN-2025-NCLT-01701
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-kolkata/deenanath-nandlal-patni-vs-m-r-nirman-private-limited-04478017

## Summary

### Background

The case involves an application filed under Section 33 of the Insolvency and Bankruptcy Code, 2016, seeking the initiation of liquidation of M R Nirman Private Limited, the Corporate Debtor. The Corporate Insolvency Resolution Process (CIRP) was initiated on 05.09.2024, and the applicant was appointed as the Interim Resolution Professional (IRP).

## Facts

The application was filed under Section 33 of the Insolvency and Bankruptcy Code, 2016.

The Corporate Insolvency Resolution Process (CIRP) of M R Nirman Private Limited was initiated on 05.09.2024.

The applicant was appointed as the Interim Resolution Professional (IRP).

The IRP made a public announcement as per Section 33 of the IBC, 2016.

The IRP published the CIRP initiation and calling for claims in the Financial Express and Ekdin newspapers on 08.9.2024.

The applicant constituted a CoC, and the first meeting was held on 04.10.2024.

The applicant sought information from the Suspended Board of Directors.

The Directors of the Suspended Board did not provide complete information and documents.

The applicant filed application no. 230/2024 under Section 19(2) of the IBC 2016.

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## Issues and analysis

### Issue 1: Whether the commercial decision of the Committee of Creditors (CoC) to liquidate the Corporate …

**Ratio:** The Hon'ble Supreme Court in the matter of K. Sashidhar Versus Indian Overseas Bank &

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**Reasoning:** The Tribunal observed that the CoC, with 100% majority, passed the resolution seeking

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**Interpretation:** Section 33(2) of IBC, 2016, allows the CoC with requisite voting to approve the

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**Application:** Given that the CoC with 100% majority decided to liquidate the Corporate Debtor

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## Parties

- **Judges:** Labh S…; Rekha Kantilal…
- **Appellants:** Deenanath Nandlal…
- **Respondents:** M.R. Nirman…
- **Other parties:** Insolvency and…; Corporate…; +5 more
- **Advocates:** Mr Snehashish…; Mr Avishe…; +1 more

## Timeline

- **2024-09-05 — CIRP Init…**: Corporate Insolvency Resolution Process…
- **2024-09-08 — Public Annou…**: Applicant, being IRP, published the initiation of the CIRP and calling for claims in…

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