# In the matter of Phalcomm Infra Solutions Private Limited

> NCLT judgment dated 2025-09-04. Citation: TCN-2025-NCLT-01345. An application was filed by the Stakeholder Committee of Phalcomm Infra Solutions Private…

- **Court:** NCLT
- **Order date:** 4 Sept 2025
- **Citation:** TCN-2025-NCLT-01345
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-mumbai/phalcomm-infra-solutions-private-limited-f21fb08a

## Summary

### Background

An application was filed by the Stakeholder Committee of Phalcomm Infra Solutions Private Limited through Kuber Financial Services, the sole Financial Creditor, under Section 60(5) of The Insolvency and Bankruptcy Code, 2016, seeking the replacement of the existing Liquidator.

## Facts

The application was filed under Section 60(5) of the Insolvency and Bankruptcy Code, 2016.

The Stakeholder Committee of Phalcomm Infra Solutions Private Limited filed the application through Kuber Financial Services.

Uday Shreeram Sakrikar was the existing Liquidator.

Manish Dawda is the proposed Liquidator.

The Stakeholders Consultation Committee voted with a 100% majority to replace the existing Liquidator with Manish Dawda.

The NCLT, Mumbai passed an order admitting the Corporate Debtor into liquidation on 30th June, 2025.

The Stakeholders Consultation Committee held its first meeting on 14th July 2025.

The applicant procured the written consent of the proposed Liquidator on 14th July, 2025.

## Issues and analysis

### Issue 1: Whether the application for replacement of the existing Liquidator with the proposed Liquidator is …

**Ratio:** The Stakeholders Consultation Committee passed a resolution with a 100% majority to

…

**Reasoning:** The Stakeholders Consultation Committee believed that it would be beneficial to appoint a

…

**Interpretation:** The NCLT interpreted the resolution passed by the Stakeholders Consultation

…

**Application:** The NCLT allowed the application and directed the outgoing Liquidator to

…

## Parties

- **Judges:** Prabhat…; Sushil Mahadeorao…
- **Appellants:** Stakeholder…
- **Respondents:** Phalcomm Infra…
- **Other parties:** Stakeholders…; Kuber Financial…; +2 more
- **Advocates:** Ritesh I…

## Timeline

- **2025-06-30 — Liquidation…**: NCLT, Mumbai passed an order admitting the Corporate Debtor into liquidation and…
- **2025-07-14 — Stakeholders Consultatio…**: Stakeholders Consultation Committee in its First Meeting proposed to replace the existing…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 60(5) — Adjudicating Authority for corporate persons](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-60)

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