# In the matter of VHV BEVERAGES PRIVATE LIMITED

> NCLT judgment dated 2025-12-02. Citation: TCN-2025-NCLT-01765. An application was filed under Section 9 of the Code by AMD Industries Limited (Operational…

- **Court:** NCLT
- **Order date:** 2 Dec 2025
- **Citation:** TCN-2025-NCLT-01765
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-new-delhi/vhv-beverages-private-limited-85ab8623

## Summary

### Background

An application was filed under Section 9 of the Code by AMD Industries Limited (Operational Creditor) numbered as CP IB 1680/2019 to initiate Corporate Insolvency Resolution Process (CIRP) against the Corporate Debtor. Court IV-NCLT Delhi vide order dated 09.12.2021 (Admission Order) admitted the Corporate Debtor into CIRP, and a moratorium was declared.

## Facts

AMD Industries Limited filed an application under Section 9 of the IBC to initiate CIRP against M/S VHV Beverages Private Limited.

The Corporate Debtor was admitted into CIRP on 09.12.2021.

Mr. Rahul Khanna was initially appointed as the Interim Resolution Professional (IRP).

Mr. Umesh Chand Goyal was appointed as the Resolution Professional (RP) replacing Mr. Rahul Khanna.

Mr. Pankaj Mahajan was appointed as the RP replacing Mr. Umesh Chand Goyal.

Several resolution plans were received but none were approved by the CoC.

The CoC decided to liquidate the Corporate Debtor with 85.73% voting share.

Mr. Anuj Sharma, one of the ex-directors of the Corporate Debtor, objected to the liquidation application.

The Adjudicating Authority approved the liquidation of the Corporate Debtor.

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## Issues and analysis

### Issue 1: Whether the Resolution Professional was correct in …

**Ratio:** The Resolution Professional has to examine each resolution plan received by him to

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**Reasoning:** The RP apprised the COC that M/s KG Somani and Co LLP was appointed to conduct due

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**Interpretation:** The Resolution Professional is not required to present a resolution plan to the

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**Application:** In this case, the RP did not present the resolution plan to the CoC because it

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## Parties

- **Judges:** Ramalingam…; RAVINDRA CHATURVED…
- **Appellants:** AMD Industries…; Pankaj Ma…
- **Respondents:** M/s. VHV Beverages…; Vishnoo M…; +1 more
- **Other parties:** Umesh Chand…; Rahul K…; +1 more
- **Advocates:** Sumit S…; Sanjeev…; +9 more

## Timeline

- **09.12.2021 — Admission…**: Corporate Debtor…
- **24.01.2022 — RP Appoin…**: Mr. Umesh Chand Goyal…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 33(2) — Initiation of liquidation](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-33)

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