# RITESH KUMAR (HUF) vs. DALMIA LIFE CARE PRIVATE LIMITED

> NCLT judgment dated 2026-08-19. Citation: TCN-2026-NCLT-00854. The Corporate Insolvency Resolution Process (CIRP) for Dalmia Life Care Private Limited…

- **Court:** NCLT
- **Order date:** 19 Aug 2026
- **Citation:** TCN-2026-NCLT-00854
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-new-delhi/ritesh-kumar-huf-vs-dalmia-life-care-private-limited-8m1zi

## Summary

### Background

The Corporate Insolvency Resolution Process (CIRP) for Dalmia Life Care Private Limited commenced on 12.09.2024. Mr. Rakesh Kumar was initially appointed as the Interim Resolution Professional (IRP), later replaced by Mr. Rabindra Kumar Mintri. Despite multiple Committee of Creditors (CoC) meetings and extensions for the CIRP period, no viable resolution plan was received from prospective resolution applicants. One applicant withdrew, and another's proposal was deemed commercially unviable.

## Facts

IA (Liq.)/36/ND/2025 was filed by Mr. Rabindra Kumar Mintri, Resolution Professional of M/s. Dalmia Life Care Private Limited, seeking liquidation of the Corporate Debtor under Section 33(2) of the IBC, 2016.

The Corporate Insolvency Resolution Process (CIRP) of M/s Dalmia Life Care Pvt. Ltd. commenced on 12.09.2024.

Mr. Rakesh Kumar was initially appointed as the Interim Resolution Professional (IRP).

A public announcement of the initiation of CIRP was published on 19.09.2024.

On 13.10.2024, the IRP filed an Interlocutory Application (IA No. 5278/ND/2024) under Section 19(2) of the IBC, 2016.

The 2nd CoC meeting on 07.12.2024 resolved to replace the IRP with Mr. Rabindra Mintri as the Resolution Professional (RP) with 66.57% voting.

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## Issues and analysis

### Issue 1: Whether the Corporate Debtor, M/s. Dalmia Life Care Private Limited, should be liquidated under …

**Ratio:** Section 33(2) of the Insolvency and Bankruptcy Code, 2016, mandates the Adjudicating

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**Reasoning:** The Committee of Creditors, after multiple attempts to solicit and evaluate resolution

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**Interpretation:** The provision of Section 33(2) of the IBC is a clear directive to the

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**Application:** Given that the CoC of Dalmia Life Care Private Limited passed a resolution with

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## Parties

- **Judges:** JYOTSNA S…; Anu Jagmoha…
- **Appellants:** RITESH KUMA…; Rabindra Kumar…
- **Respondents:** DALMIA LIFE CARE…
- **Other parties:** Committee of…; Rakesh…; +2 more
- **Advocates:** Harish T…; Aakash…

## Timeline

- **2024-09-12 — CIRP Commen…**: Corporate Insolvency Resolution Process (CIRP) of M/s Dalmia Life Care Pvt. Ltd.…
- **2024-09-19 — Public Announcement of…**: Public announcement of the initiation of the CIRP was published in newspapers for…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 33 — Initiation of liquidation](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-33)

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