# In the matter of Hybro Foods Private Limited

> NCLT judgment dated 2025-03-27. Citation: TCN-2025-NCLT-01035. The case involves an application filed by the Resolution Professional (RP) of Hybro Foods…

- **Court:** NCLT
- **Order date:** 27 Mar 2025
- **Citation:** TCN-2025-NCLT-01035
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-mumbai/hybro-foods-private-limited-d148722a

## Summary

### Background

The case involves an application filed by the Resolution Professional (RP) of Hybro Foods Private Limited under Section 33(1)(a) of the Insolvency and Bankruptcy Code, 2016, seeking liquidation of the Corporate Debtor.

## Facts

The Corporate Debtor, Hybro Foods Private Limited, ceased operations on 31.12.2022.

The Corporate Debtor's factory premises were found to be in a dilapidated state with missing assets.

The Committee of Creditors (CoC) resolved to liquidate the Corporate Debtor due to the absence of a resolution plan.

The RP filed an application under Section 33(1)(a) of the IBC seeking liquidation.

The last date of submission of claims was 17.03.2023.

The CoC comprised of Kotak Mahindra Bank Ltd. and Union Bank of India.

The CoC resolved to appoint the IRP as a Resolution Professional (‘RP'), in the 1st CoC meeting held on 30.03.2023.

…

## Issues and analysis

### Issue 1: Whether the Corporate Debtor should be liquidated under Section 33(1)(a) of the Insolvency and …

**Ratio:** Section 33(1)(a) of the IBC allows the Adjudicating Authority to order liquidation if no

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**Reasoning:** The CoC resolved to liquidate the Corporate Debtor, and no resolution plan was received

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**Interpretation:** The Tribunal interpreted Section 33(1)(a) to permit liquidation when the CoC

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**Application:** The Tribunal applied Section 33(1)(a) and ordered the liquidation of the

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## Parties

- **Judges:** Sushil Mahadeorao…; Charanjeet Singh…
- **Appellants:** Pankaj Sham…; Kotak Mahindra…
- **Respondents:** Hybro Foods…; M/s. Hybro Foods…
- **Other parties:** Union Bank of…; Roshen Ch…
- **Advocates:** Ayush Ko…; Ajay Des…

## Timeline

- **2023-03-03 — Insolvency Commencement…**: Corporate Insolvency Resolution Process (‘CIRP') of the Corporate Debtor was commenced…
- **2023-03-06 — Public Annou…**: The IRP issued a Public…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 33(1) — Initiation of liquidation](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-33)

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