# In the matter of SOHO LIMITED

> NCLT judgment dated 2025-08-12. Citation: TCN-2025-NCLT-01225. The application was filed under Section 7 of the IBC, 2016, read with Rule 4 of the Insolvency…

- **Court:** NCLT
- **Order date:** 12 Aug 2025
- **Citation:** TCN-2025-NCLT-01225
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-new-delhi/soho-limited-1fa97e6e

## Summary

### Background

The application was filed under Section 7 of the IBC, 2016, read with Rule 4 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016, by Mr. Gyan Chandra Misra, Resolution Professional of Mascot Soho Homes Private Limited (now known as Tresco Homes Private Limited), for initiating CIRP against Soho Limited, the Corporate Debtor, for an alleged default amount of Rs. 5,59,24,992/-.

## Facts

Mr. Gyan Chandra Misra, Resolution Professional of Mascot Soho Homes Private Limited, filed an application under Section 7 of the IBC, 2016, to initiate CIRP against Soho Limited.

The alleged default amount is Rs. 5,59,24,992/-, with the date of default being 21/11/2017.

The Corporate Debtor is registered with the Registrar of Companies, Delhi and Haryana.

The Corporate Debtor was a shareholder of the Financial Creditor/Applicant, having 34% of shareholding during FY 2012-2013.

The Financial Creditor/Applicant received a loan from the Corporate Debtor amounting to Rs. 9,62,27,672/-, out of which Rs. 2,45,00,000/- was repaid.

The Corporate Debtor's name underwent several changes from 2008 to 2016.

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## Issues and analysis

### Issue 1: Whether the Applicant qualifies as a Financial …

**Ratio:** The Hon'ble Supreme Court in Dena Bank vs. C. Shivkumar Reddy & Anr. held that

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**Reasoning:** The Corporate Debtor acknowledged the liability in terms of Section 18 of the Limitation

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**Interpretation:** The inclusion of the debt in the Corporate Debtor's audited balance sheets is

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**Application:** The Adjudicating Authority was satisfied that the Financial Creditor extended

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## Parties

- **Judges:** BACHU VENKAT…; Sanjeev R…
- **Appellants:** Gyan Chandr…
- **Respondents:** Soho Li…
- **Other parties:** B.P. S…; Ranjan…; +6 more
- **Advocates:** Gaurav…; Abhishek…; +2 more

## Timeline

- **2017-11-21 — Date of D…**: The date of default in the…
- **2023-10-16 — Application…**: The present Application under Section 7 of the Insolvency and Bankruptcy Code, 2016 was…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 5(7) — Definitions](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-5)

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