# Mr. Udaivir Singh vs. M/S Keep In Touch Clothing Private Limited

> NCLT judgment dated 28 Apr 2026. Citation: TCN-2026-NCLT-00454. This application was filed by Mr. Brijesh Singh Bhadauriya, the Resolution Professional, under…

- **Court:** NCLT
- **Order date:** 28 Apr 2026
- **Citation:** TCN-2026-NCLT-00454
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-kolkata/mr-udaivir-singh-vs-ms-keep-in-touch-clothing-private-limited-4ecdef1d

## Summary

### Background

This application was filed by Mr. Brijesh Singh Bhadauriya, the Resolution Professional, under Section 33(2) read with Section 33(1)(a) of the Insolvency and Bankruptcy Code, 2016 (IBC), seeking directions for the liquidation of the Corporate Debtor, M/S Keep In Touch Clothing Private Limited. The Corporate Insolvency Resolution Process (CIRP) against the Corporate Debtor was initiated by the Adjudicating Authority on 28.07.2023, and Mr. Brijesh Singh Bhadauriya was appointed as the Interim Resolution Professional. A Public Announcement was made on 10.08.2023 for the submission of claims, with the last date being 23.08.2023. Subsequently, a Committee of Creditors (CoC) comprising two Financial Creditors was constituted.

## Facts

An application was filed by the Resolution Professional, Mr. Brijesh Singh Bhadauriya, under Section 33(2) read with Section 33(1)(a) of the Insolvency and Bankruptcy Code, 2016, seeking liquidation of the Corporate Debtor.

The Corporate Debtor is M/S Keep In Touch Clothing Private Limited.

The Adjudicating Authority initiated the Corporate Insolvency Resolution Process (CIRP) against M/S Keep In Touch Clothing Private Limited on 28.07.2023.

Mr. Brijesh Singh Bhadauriya was appointed as the Interim Resolution Professional (IRP) for the Corporate Debtor.

A Public Announcement was made by the Applicant on 10.08.2023.

The last date for submission of claims by creditors was 23.08.2023.

The Committee of Creditors (CoC) was constituted, comprising two Financial Creditors.

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## Issues and analysis

### Issue 1: Whether the Corporate Debtor, M/S Keep In Touch Clothing Private Limited, should be liquidated …

**Ratio:** Section 33(2) of the IBC, 2016, mandates the Adjudicating Authority to pass a liquidation

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**Reasoning:** The Committee of Creditors, in its 2nd meeting on 07.12.2023, resolved with a 100% voting

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**Interpretation:** The Adjudicating Authority interpreted Section 33 to mean that when the CoC has

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**Application:** Given that the CIRP period expired on 24.01.2024 for M/S Keep In Touch Clothing

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## Parties

- **Judges:** MAHENDRA KHANDELWA…; ANU JAGMOHA…
- **Appellants:** Udaivir…
- **Respondents:** M/S Keep In Touch…
- **Other parties:** Insolvency and…; Liquida…; +5 more

## Timeline

- **2023-05-02 — Confirmation Letter…**: Union Bank of India issued a confirmation letter (Ref: ARB/Mis/KIT/165/2023) confirming…
- **2023-07-28 — CIRP Initiation and IRP…**: The Adjudicating Authority initiated the Corporate Insolvency Resolution Process (CIRP)…

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