# Approval of Resolution Plan - Marshall Breeders Private Limited

> NCLT judgment dated 2025-07-17. Citation: TCN-2025-NCLT-00778. The application was filed by the Resolution Professional, Orion Resolution & Turnaround Private…

- **Court:** NCLT
- **Order date:** 17 Jul 2025
- **Citation:** TCN-2025-NCLT-00778
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-mumbai/approval-of-resolution-plan-marshall-breeders-private-limited-258b37b8

## Summary

### Background

The application was filed by the Resolution Professional, Orion Resolution & Turnaround Private Limited, seeking approval of the Resolution Plan submitted by Supreme Capinfra Pvt. Ltd. for Marshall Breeders Private Limited.

## Facts

CP (IB) No. 437/MB/2022 was filed under Section 7 of IBC, 2016 by Omkara Assets Reconstruction Private Limited, which was admitted into CIRP vide Order dated 15.05.2024.

Mr. Kamal Rajkumar Sharma was appointed as the Interim Resolution Professional (IRP) of the Corporate Debtor.

The Committee of Creditors (CoC) was constituted on 07.06.2024 with Omkara ARC as sole member, with 100% voting share.

The CoC approved the resolution plan submitted by Supreme Capinfra Plan (as amended) with 100% voting share on 16.05.2025.

The Resolution Applicant shall pay Rs. 4,55,841/- (full payment) to the Operational Creditors (Government Dues) EPF and Rs. 2,50,000/- to the Income Tax.…

## Issues and analysis

### Issue 1: Whether the Resolution Plan submitted by Supreme Capinfra Pvt. Ltd. meets the requirements of …

**Ratio:** Section 30(2) of the IBC, 2016 and Regulations 37, 38, 38 (1A) and 39 (4) of the

…

**Reasoning:** The Tribunal examined the Resolution Plan and found that it provides for payment of CIRP

…

**Interpretation:** The Resolution Plan meets the requirements of Section 30(2) of the IBC, 2016

…

**Application:** The Tribunal approved

…

## Parties

- **Judges:** V.G. B…; Prabhat…
- **Appellants:** Orion Resolution…
- **Respondents:** Marshall Breeders…; Committee of…; +1 more
- **Other parties:** Omkara…; Elias Marshall…; +9 more
- **Advocates:** Vikram Na…; Shyam Ka…; +2 more

## Timeline

- **15.05.2024 — Admission o…**: CP (IB) No. 437/MB/2022 was admitted…
- **07.06.2024 — Constitution…**: The Committee of Creditors (CoC) was constituted on 07.06.2024 with Omkara ARC as sole…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 66 — Fraudulent trading or wrongful trading](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-66)

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