# Immaculate Agro Spices Private Limited vs. N/A

> NCLT judgment dated 17 Apr 2026. Citation: TCN-2026-NCLT-00400. The Interim Resolution Professional (IRP) of M/s. Immaculate Agro Spices Private Limited filed…

- **Court:** NCLT
- **Order date:** 17 Apr 2026
- **Citation:** TCN-2026-NCLT-00400
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-kolkata/immaculate-agro-spices-private-limited-738fc811

## Summary

### Background

The Interim Resolution Professional (IRP) of M/s. Immaculate Agro Spices Private Limited filed an application under Section 33(2) of the IBC, 2016, seeking the initiation of liquidation proceedings against the Corporate Debtor. The Corporate Insolvency Resolution Process (CIRP) was initiated on 02-12-2025, and Ms. Celine P Thomas was appointed as the Interim Resolution Professional. The CoC was constituted on 23-12-2025, but a resolution to appoint the IRP as the Resolution Professional failed to secure the requisite majority vote. The CoC then decided to place a resolution for the liquidation of the Corporate Debtor.

## Facts

An application was filed by the Interim Resolution Professional (IRP) under Section 33(2) of the IBC, 2016, seeking initiation of liquidation proceedings.

The Corporate Debtor, M/s. Immaculate Agro Spices Private Limited, was admitted into CIRP on 02-12-2025.

Ms. Celine P Thomas was appointed as the Interim Resolution Professional (IRP).

A public announcement was issued on 05-12-2025, with 18-12-2025 as the last date for claims.

The Committee of Creditors (CoC) was constituted on 23-12-2025.

The total admitted claims as on 30-01-2026 were Rs. 54,28,73,126.00/-.

The first CoC meeting on 31-12-2025 failed to approve the IRP as the Resolution Professional due to a lack of the required 66% majority vote.

The second CoC meeting was held on 05-02-2026.

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## Issues and analysis

### Issue 1: Whether the Corporate Debtor should be …

**Ratio:** Section 33(2) of the IBC, 2016 allows for the liquidation of the Corporate Debtor if the

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**Reasoning:** The CoC, with a voting share of 73.36% (later increased to 99.06%), resolved to liquidate

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**Interpretation:** The Adjudicating Authority interprets Section 33(2) as granting the power to

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**Application:** Given the CoC's decision and the circumstances, the Adjudicating Authority

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## Parties

- **Judges:** Vinay…
- **Appellants:** Celine P…
- **Respondents:** Immaculate Agro…
- **Other parties:** Insolv…; Corporate…; +5 more
- **Advocates:** Vinod…

## Timeline

- **02-12-2025 — CIRP Init…**: Corporate Insolvency Resolution Process (CIRP) was initiated and Ms. Celine P Thomas was…
- **05-12-2025 — Public Annou…**: A public announcement was issued with…

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