# M/S Indo Spirits vs. Multicity Hospitals LLP

> NCLT judgment dated 16 Oct 2025. Citation: TCN-2025-NCLT-01494. The application was filed by Mr. Shailesh Chandra Ojha, Resolution Professional (RP) of M/S…

- **Court:** NCLT
- **Order date:** 16 Oct 2025
- **Citation:** TCN-2025-NCLT-01494
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-kolkata/ms-indo-spirits-vs-multicity-hospitals-llp-32219444

## Summary

### Background

The application was filed by Mr. Shailesh Chandra Ojha, Resolution Professional (RP) of M/S Multicity Hospitalities LLP, the Corporate Debtor, before the Adjudicating Authority under Section 33 (2) of the Insolvency and Bankruptcy Code, 2016, seeking initiation of the liquidation proceedings against the Corporate Debtor based on the decision taken by the Committee of Creditors (CoC).

## Facts

An application was filed by Indo Sprits (Operational Creditor) under Section 9 of the Code.

The Adjudicating Authority admitted the application and initiated CIRP against the Corporate Debtor.

Mr. Shailesh Chandra Ojha was appointed as the Interim Resolution Professional (IRP).

The Applicant/IRP made a public announcement on 06.01.2025, wherein the last date for submission of claims was 19.01.2025.

The Applicant constituted the Committee of Creditors (CoC) comprising of three Operational creditors.

The IRP convened the 1st Meeting of the CoC on 03.02.2025, wherein Mr Shailesh Chandra Ojha, was confirmed as Resolution Professional (RP).

The RP published Form G dated 04.03.2025 for inviting Expression of Interests (EOIs).

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## Issues and analysis

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

**Ratio:** Section 33(2) of the Insolvency and Bankruptcy Code 2016 permits the CoC to resolve to

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**Reasoning:** The Adjudicating Authority does not find any reason not to accept the commercial decision

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**Interpretation:** The commercial decision of the CoC is considered non-justiciable, and the

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**Application:** Given that the CoC has approved the liquidation with a 99.31% majority, and

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## Parties

- **Judges:** Ramalingam…; RAVINDRA CHATURVED…
- **Appellants:** M/s Indo S…; SHAILESH CHANDRA…
- **Respondents:** MULTICITY…
- **Other parties:** Insolvency and…; Corporate…; +5 more

## Timeline

- **18.12.2024 — Admission of Ap…**: The Adjudicating Authority admitted the application and initiated CIRP against the…
- **06.01.2025 — Public Annou…**: The Applicant/IRP made a public announcement wherein the last date for submission of…

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