# In the matter of Provogue (India) Ltd.

> NCLT judgment dated 2025-12-10. Citation: TCN-2025-NCLT-01893. The case involves an application filed by Mr. Amit Gupta, the Liquidator of Provogue (India)…

- **Court:** NCLT
- **Order date:** 10 Dec 2025
- **Citation:** TCN-2025-NCLT-01893
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-mumbai/provogue-india-ltd-b3cdd760

## Summary

### Background

The case involves an application filed by Mr. Amit Gupta, the Liquidator of Provogue (India) Limited, seeking declarations and directions related to a complaint (CR No. 105/25) registered by the Economic Offence Wing, Mumbai Police, based on a complaint filed by Mr. Nikhil Chaturvedi, the former Managing Director of the Corporate Debtor.

## Facts

Mr. Amit Gupta, the Liquidator of Provogue (India) Limited, filed an application seeking certain reliefs.

The application arises from a complaint (CR No. 105/25) registered by the Economic Offence Wing, Mumbai Police, based on a complaint filed by Mr. Nikhil Chaturvedi, the former Managing Director of the Corporate Debtor.

The applicant seeks a declaration that all acts undertaken during the CIRP and liquidation were performed in good faith.

The applicant seeks a declaration that the Economic Offence Wing should not have registered the complaint.

The applicant seeks a stay on any coercive action against him.

The IBBI had cancelled the applicant's registration as an Insolvency Professional.

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## Issues and analysis

### Issue 1: Whether the actions undertaken by the Applicant during the CIRP and Liquidation of Provogue (India) …

**Ratio:** Section 233 of the IBC provides immunity to the Insolvency Professional or the liquidator

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**Reasoning:** The applicant argued that his actions were in discharge of statutory functions as an

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**Interpretation:** The court must determine whether the actions were indeed performed in good

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**Application:** The court considered the allegations against the applicant and the fact that

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## Parties

- **Judges:** LAKSHMI G…; SH. HARIHARAN…
- **Appellants:** Andhra…; Amit G…
- **Respondents:** Provogue (India)…; Provogue (India)…; +1 more
- **Other parties:** Rakesh…; Nikhil Chat…
- **Advocates:** Amir Ars…; Saurabh Bac…; +4 more

## Timeline

- **10.12.2025 — Hearing…**: Order sheet of the…
- **18.11.2025 — FIR Regis…**: Amboli Police Station registered FIR No. 1101 based on a complaint by Mr. Nikhil…

## 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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