# M/s Memoir And Ors vs. M/s Eagle Home Appliances Pvt Ltd

> NCLT judgment dated 2026-09-11. Citation: TCN-2026-NCLT-00985. M/s Memoir, an Operational Creditor, initiated Corporate Insolvency Resolution Process (CIRP)…

- **Court:** NCLT
- **Order date:** 11 Sept 2026
- **Citation:** TCN-2026-NCLT-00985
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-mumbai/ms-memoir-and-ors-vs-ms-eagle-home-appliances-private-limited-u7o8w

## Summary

### Background

M/s Memoir, an Operational Creditor, initiated Corporate Insolvency Resolution Process (CIRP) against M/s Eagle Home Appliances Private Limited (Corporate Debtor) under Section 9 of the Insolvency and Bankruptcy Code, 2016 (IBC). Mr. Amit Pareek, the Resolution Professional (RP), subsequently filed an application under Section 30(6) of the IBC seeking approval of a Resolution Plan submitted by Logenix Services Pvt Ltd. The said plan was approved by the Committee of Creditors (CoC) with a 99.09% voting share.

## Facts

M/s Memoir (Operational Creditor) filed a petition against M/s Eagle Home Appliances Private Limited (Corporate Debtor) under Section 9 of the IBC, 2016.

The petition was admitted on 28.03.2024, initiating CIRP against the Corporate Debtor.

M/s Eagle Home Appliances Private Limited was incorporated on 11.01.1965 and is engaged in manufacturing and exporting thermoware, cookware, etc.

Mr. Rajas Shreeram Bodas was appointed as the Interim Resolution Professional (IRP) on 28.03.2024.

A Public Announcement inviting claims was made on 04.04.2024, with the last date for submission of claims being 15.05.2024.

In the 1st CoC meeting on 23.05.2024, the IRP was appointed as the Resolution Professional.

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## Issues and analysis

### Issue 1: Whether the modification of the Performance Bank Guarantee (PBG) requirement by the Committee of …

**Ratio:** Any modification to the Request for Resolution Plans (RFRP) is deemed a fresh issue,

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**Reasoning:** Regulation 36B(5) mandates that any modification to the RFRP or evaluation matrix is

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**Interpretation:** Regulation 36B(5) is designed to ensure that all resolution applicants are

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**Application:** The CoC's decision to modify the PBG requirement from Rs. 77 lacs to Rs. 35

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## Parties

- **Judges:** SH. VINAY…; SH. CHARANJEET…
- **Appellants:** M/s Memoir…; Amit Pa…
- **Respondents:** M/s Eagle Home…; M/s. Eagle Home…
- **Other parties:** CoC…; Naushad Pa…; +8 more
- **Advocates:** Ship…

## Timeline

- **1965-01-11 — Corporate Debtor…**: M/s Eagle Home Appliances Private Limited…
- **2003 — Trademark Acq…**: The Corporate Debtor…

## 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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