# In the matter of Smaaash Entertainment Private Limited

> NCLT judgment dated 2025-11-04. Citation: TCN-2025-NCLT-01596. The instant interlocutory application was filed by Mr. Bhrugesh Amin, Resolution Professional…

- **Court:** NCLT
- **Order date:** 4 Nov 2025
- **Citation:** TCN-2025-NCLT-01596
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-mumbai/smaaash-entertainment-private-limited-22761344

## Summary

### Background

The instant interlocutory application was filed by Mr. Bhrugesh Amin, Resolution Professional (RP) of Smaaash Entertainment Private Limited (Corporate Debtor) under Sections 19(1) and 19(2) of the Insolvency & Bankruptcy Code, 2016 (IBC) against suspended directors and others seeking direction to the Respondents to extend all assistance and co-operation from them.

## Facts

Bhrugesh Amin, the Resolution Professional (RP) of Smaaash Entertainment Private Limited, filed an application under Sections 19(1) and 19(2) of the Insolvency & Bankruptcy Code, 2016.

Respondents 1, 2, 3, and 5 are the ex-directors of the Corporate Debtor, Respondent 4 was the erstwhile Deputy General Manager - Finance & Accounts, Respondent 6 was the erstwhile Legal Manager, and Respondent 7 was the erstwhile Statutory Auditor.

The Tribunal issued a notice to Respondents 1, 2, and 4 under section 213(b) of the Companies Act, 2013, due to their failure to maintain statutory records.

The RP contends that the Respondents have not provided necessary information and documents, hindering the CIRP process.

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## Issues and analysis

### Issue 1: Whether an investigation into the affairs of the Corporate Debtor should be ordered under section …

**Ratio:** Section 213 of the Companies Act, 2013 allows the Tribunal to order an investigation if

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**Reasoning:** The Tribunal noted that the Respondents had failed to provide statutory records and had

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**Interpretation:** The Tribunal interpreted Section 213 to allow for an investigation even without

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**Application:** The Tribunal decided not to order an investigation, considering that the

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## Parties

- **Judges:** Hariharan…; LAKSHMI G…
- **Appellants:** Bhrugesh…
- **Respondents:** Smaaash Entertainm…; Shripal Sevantilal…; +6 more
- **Other parties:** Edelweiss Asset…
- **Advocates:** Shyam Ka…; Kunal…; +3 more

## Timeline

- **2024-07-31 — Tribunal…**: Tribunal issued notice to Respondents 1, 2 and 4 under section 213(b) of the Companies…
- **2023-11-22 — Tribunal…**: Tribunal vide order dated 22.11.2023 in IA/2115/2022 declared the assignment of brand…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 19(1) — Personnel to extend co-operation to interim…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-19)

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