# Ammu Enterprises vs. KCG Engineers Private Limited

> NCLT judgment dated 2026-10-06. Citation: TCN-2026-NCLT-01112. The present application was filed under Section 33 of the Insolvency and Bankruptcy Code, 2016…

- **Court:** NCLT
- **Order date:** 6 Oct 2026
- **Citation:** TCN-2026-NCLT-01112
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-mumbai/kcg-engineers-private-limited-m0pzi

## Summary

### Background

The present application was filed under Section 33 of the Insolvency and Bankruptcy Code, 2016 (IBC) by Mr. Neehal Mahamulal Pathan, the Resolution Professional (RP) of M/s. KCG Engineers Private Limited (Corporate Debtor), seeking an order for liquidation. The Corporate Insolvency Resolution Process (CIRP) for KCG Engineers Private Limited commenced on January 20, 2020, following a Section 9 petition filed by Mr. Siddesh Kosabe, Proprietor of Ammu Enterprises (Operational Creditor). Mr. Neehal Mahamulal Pathan was appointed as the Interim Resolution Professional (IRP). The initial CIRP period expired on July 18, 2020, and even after permitted extensions, the CIRP remained valid only until July 31, 2021. Despite this, the CIRP continued for an additional 1295 days

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## Facts

The present application has been filed under Section 33 of the Insolvency and Bankruptcy Code, 2016 by the Resolution Professional of M/s. KCG Engineers Private Limited (Corporate Debtor) seeking liquidation.

The Company Petition No. CP(IB)/4346/MB/2019 was filed under Section 9 of the IBC by Mr. Siddesh Kosabe, Proprietor of Ammu Enterprises, as the Operational Creditor.

The Adjudicating Authority admitted the petition into Corporate Insolvency Resolution Process (CIRP) vide Order dated 20.01.2020, and Mr. Neehal Mahamulal Pathan was appointed as the Interim Resolution Professional (IRP).

The Applicant made a public announcement in Form A on 31.01.2020 and published Form G for Expression of Interest on 04.03.2021.

The initial CIRP period of 180 days expired on 18.07.2020.

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## Issues and analysis

### Issue 1: Whether the Corporate Debtor, M/s. KCG Engineers Private Limited, is liable to be liquidated under …

**Ratio:** The Adjudicating Authority is mandated to pass a liquidation order if no resolution plan

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**Reasoning:** The CIRP commenced on 20.01.2020 and, even with permitted extensions, expired on

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**Interpretation:** Section 33(1)(a) is a mandatory provision, requiring liquidation when the CIRP

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**Application:** In this case, the CIRP period for KCG Engineers Private Limited expired on

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## Parties

- **Judges:** SH. VINAY…; SH. CHARANJEET…
- **Appellants:** Ammu Enter…; Neehal Mahamulal…; +1 more
- **Respondents:** M/s. KCG Engineers…; KCG Engineers…
- **Other parties:** Union Bank of…; Mahesh G.…; +1 more
- **Advocates:** Yahya Bata…

## Timeline

- **2020-01-20 — CIRP Admission and IRP…**: Company Petition No. CP(IB)/4346/MB/2019 admitted into Corporate Insolvency Resolution…
- **2020-01-31 — Public Annou…**: Public announcement in…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 9 — Application for initiation of corporate insolvency…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-9)

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