2019 (12) TMI 130 - Tri - Companies Law

Tribunal grants liquidation of Orchid Health Care Pvt Ltd under Insolvency & Bankruptcy Code

The Tribunal allowed the application for liquidation of M/s. Orchid Health Care Private Limited under Section 33(2) of the Insolvency & Bankruptcy ... Liquidation of the company - Liquidation basing on the resolution passed by the CoC - HELD THAT:- It is evident that this case was admitted on 27.03.2019. Thereafter, on the claims received from the Financial Creditors, CoC was constituted on 25.04.2019. In addition to constitution of CoC, in the second CoC meeting held on 03.06.2019, since no asset is lying with the company, the CoC has arrived to a conclusion that this is a fit case for placing a proposal for liquidation as this company is neither a going concern nor holding any assets, thereby on 19.06.2019, they have unanimously proposed for liquidation of this company. Since it has been categorically mentioned by the CoC that this company is neither a going concern nor having any asset, this Bench is of the view that this is a fit case for liquidation, whereby, this Bench hereby orders for liquidation. Issues:Liquidation of a company under Section 33(2) of the Insolvency & Bankruptcy Code, 2016 based on CoC resolution.Analysis:The judgment pertains to an application filed under Section 33(2) of the Insolvency & Bankruptcy Code, 2016 seeking liquidation of a company, M/s. Orchid Health Care Private Limited, based on a resolution passed by the Committee of Creditors (CoC) during its 3rd meeting held on 19.06.2019. The case was admitted on 27.03.2019, and the CoC was constituted on 25.04.2019 after claims were received from Financial Creditors. In the second CoC meeting on 03.06.2019, it was determined that the company had no assets and was not a going concern, leading the CoC to unanimously propose liquidation on 19.06.2019.The Bench, after reviewing the CoC's conclusion that the company is not a going concern and lacks assets, deemed it a suitable case for liquidation. Consequently, the Bench issued orders for the liquidation process, directing the Corporate Debtor to be liquidated as per the provisions laid down in the Code. Mr. Ramakrishnan Sadasivan was appointed as the Liquidator for the purpose of liquidating the company, with all powers of the board of directors, Key managerial personnel, and partners ceasing to have effect and vested in the liquidator.Furthermore, the judgment outlined various directions, including the liquidator's responsibilities, cooperation required from the Corporate Debtor's personnel, fees to be charged by the liquidator, restrictions on legal proceedings against the Corporate Debtor without prior approval, notice of discharge to officers and employees, and compliance with the relevant regulations under the Insolvency and Bankruptcy Code, 2016. The liquidator was instructed to carry out the functions as envisaged under the Code and the Insolvency and Bankruptcy Board of India (Liquidation Process) Regulations, 2016.Ultimately, the application for liquidation was allowed by the Tribunal, thereby initiating the liquidation process for M/s. Orchid Health Care Private Limited in accordance with the orders and directions provided in the judgment.