21st November, 2025 Approval of Resolution Plan - Laxmiramuna Investments Private Limited [IA No. 102 of 2025 in CP(IB) No. 612 of 2024] (330.28 KB)
In force — no superseding record on file.
IN THE NATIONAL COMPANY LAW TRIBUNAL, MUMBAI BENCH- I
IA No. 102 of 2025
IN
CP(IB) No. 612 of 2024
Under Section 30(6) read with Section 31(1) of the Insolvency and Bankruptcy Code, 2016
In the Application of
Pankaj Bhattad
…Resolution Professional/ Applicant
In the matter of Disha Land Developers Private Limited …Financial Creditor
Versus
Laxmiramuna Investments Private Limited
…Corporate Debtor
Order Delivered On : 19.11.2025
Coram:
Sh.Prabhat Kumar
Sh.Sushil Mahadeorao Kochey
Member (Technical)
Member (Judicial)
Appearances: For the Applicant : Adv. Kunal Kanungo a/w Adv. Jesal Singh
IN THE NATIONAL COMPANY LAW TRIBUNAL MUMBAI BENCH- I IA No. 102 of 2025 In CP(IB) No. 612 of 2024
Page 2 of 25
ORDER
Brief Background
- The present Application is filed by Mr. Pankaj Bhattad, Resolution Professional (“Applicant/Resolution Professional”) of Laxmiramuna Investments Private Limited (“Corporate Debtor”) under Section 30(6) read with Section 31(1) of the Insolvency and Bankruptcy Code, 2016 (“Code”) read with Regulation 39(4) of the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 (“CIRP Regulations”) for seeking approval of the Resolution Plan dated 03.05.2025, submitted by consortium of Mr. Sandeep Kedia, Ms. Ruchi Kedia and Mr. Ravi Agarwal (“Successful Resolution Applicant/SRA”) and for passing order/appropriate direction that this Tribunal may deem fit in the present matter.
Mr. Sandeep Kedia, Ms. Ruchi Kedia and Mr. Ravi
Agarwal (“Successful Resolution Applicant/SRA”) and for passing
order/appropriate direction that this Tribunal may deem fit in the
present matter. The Resolution Plan has been approved by 100% of the
voting share of the members of the Committee of Creditors (“CoC”) at
the 6th CoC meeting dated 18.08.2025.
2. The CIRP of the Corporate Debtor was initiated vide this Tribunal’s
order dated 02.01.2025 in Company Petition No. 612 of 2024, and Mr.
Pankaj Bhattad was appointed as the Interim Resolution Professional
(“IRP”). At the 1st CoC meeting, held on 03.02.2025, the CoC
confirmed the appointment of the IRP as the Resolution Professional
(“RP”) with 100% voting shares.
3. As per section 13 of the Insolvency and Bankruptcy Code, 2016 read
with Regulation 6 of the CIRP Regulations, the Applicant made a
public announcement vide Form-A on 07.01.2025 in newspapers
namely News Hub (English edition) and Pratahkal (Marathi Edition
Mumbai) notifying the commencement of CIRP of the Corporate
Debtor and inviting the claims of Creditors.
4. The Committee of Creditors was constituted on 28.01.2025, thereafter,
based on the Calculation of interest of Syrup Trading Private Limited,
the voting percentage of COC changed in view of which the COC was
tee of Creditors was constituted on 28.01.2025, thereafter, based on the Calculation of interest of Syrup Trading Private Limited, the voting percentage of COC changed in view of which the COC was
MUMBAI BENCH- I IA No. 102 of 2025
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reconstituted on 05.07.2025. The details of the same are tabulated
below:
Sr.
No.
Name of the Financial
Creditor
Security
Interest
Amount Claimed
Amount Admitted
Voting
Share
(%)
1.
Krishkan Investment Private
Limited
Secured 3,02,77,973 3,02,77,973
39.43
2.
Disha
Land
Developers
Private Limited
Unsecured
1,69,99,097
1,64,99,097
21.49
3.
Syrup Trading Private Limited Unsecured
3,00,30,854
3,00,02,893
39.08
Total
7,73,07,924
7,51,27,070
100
5. The Total claims received, admitted, not admitted, contingent claim by
the Applicant are as under:
Nature of Creditor
Amount
Claimed
Amount Admitted
Amount of
claim not
admitted
Amount of
Contingent
claim
Secured Financial Creditor (1)
3,02,77,973
3,02,77,973
Unsecured Financial Creditor (2) * 4,70,29,951 4,65,01,990 5,27,961
Operational Creditors (Government and Statutory) (1) ** 12,81,32,324 2,06,191
12,79,26,133
Operational creditors (other than
Workmen and Employees and
Government Dues)
1,10,300
1,10,300
Total 20,55,50,548 7,70,96,454 5,27,961 12,79,26,133 6.
324 2,06,191
12,79,26,133
Operational creditors (other than
Workmen and Employees and
Government Dues)
1,10,300
1,10,300
Total
20,55,50,548
7,70,96,454
5,27,961
12,79,26,133
6. The Claim of Unsecured financial creditor (Disha Land Developers
Private Limited) of INR 5,27,961/- was not admitted by the RP because
for the Legal charge of INR 5,00,000/- no documents / proof was
provided, and Excess interest claimed of Rs. 27,961/- by Syrup Trading
Private Limited is not admitted respectively.
7. The Claim of Operational Creditors (Government and Statutory) was
admitted as contingent claim of INR 12,79,26,133/- because the claim
has been made for Assessment Year 2008-2009, 2012-2013, 2013-2014
& 2017-2018, and the appeals are pending in relation to demand of Rs.
12,79,26,133/- pertaining to AY 2012-2013, 2013-14 and 2017-18.
8. In view of the resolution passed by the CoC members in the 1st CoC
meeting, two registered valuers were appointed for conducting the
valuation of land and building as well as SFA.
9. On 01.03.2025, the 2nd COC meeting was conducted and on 03.03.2025
the Form G was published as per Section 25(h) of IBC, 2016 read with
Regulation 36A of CIRP Regulation, in the newspapers namely News
1.03.2025, the 2nd COC meeting was conducted and on 03.03.2025 the Form G was published as per Section 25(h) of IBC, 2016 read with Regulation 36A of CIRP Regulation, in the newspapers namely News
MUMBAI BENCH- I IA No. 102 of 2025
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Hub (English) and Pratahkal (Marathi), Mumbai and the last date of
submission of EOI was 20.03.2025, in view of which the Applicant
received 2 EOI’s from PRA’s. Accordingly, Provisional list was issued
on 26.03.2025 and further final list of PRA’s consisting of Consortium
of Sandeep Kedia and Ruchi Kedia and one other M/s. V B Industries
Limited was issued on 03.04.2025 and the Applicant also issued the IM
and RFRP to members and PRAs.
10. Upon request from V B Industries Limited, the CoC members duly
accorded their approval for extension by 2 weeks to submit EMD. V B
Industries Limited and Sandeep Kedia and Consortium submitted their
resolution plan along with the request to extend the deadline to submit
EMD.
11. In the 3rd COC meeting, Mr. Dhruva Narayan Jha, representing V B
Industries Limited, opened the submitted resolution plan and discussed
the same. Following this, the representative of the Consortium
comprising Mr. Sandeep Kedia and Ms. Ruchi Kedia joined the meeting
and engaged in a discussion regarding the financial proposal presented
in their resolution plan. Later, the CoC members unanimously
approved the inclusion of the additional member Ravi Agarwal into
their consortium upon request.
12.
the financial proposal presented
in their resolution plan. Later, the CoC members unanimously
approved the inclusion of the additional member Ravi Agarwal into
their consortium upon request.
12. In the 4th COC meeting conducted on 02.07.2025, another land and
building valuer Aristovalue Consultant was appointed as required. The
RP also presented the reports submitted by SFA Valuers i.e. Hajari Lal
Singh & CA Pinky Kataruka and Land and Building Valuer –
Aristovalue Consultant before the CoC Members and discussed the
same. It was informed to the CoC that the RP has issued the VDR and
IM, RFRP and Evaluation matrix as required to the PRAs on 3rd April
2025. Further, despite the extension and subsequent reminder, the EMD
amount was not received from V B Industries Limited.
13. In the 5th CoC meeting held on 8 August 2025, the Applicant appraised
the members that the RP has admitted the amount of Rs. 2,06,191/- as
the claim of Income Tax Department and interest component of Syrup
h CoC meeting held on 8 August 2025, the Applicant appraised the members that the RP has admitted the amount of Rs. 2,06,191/- as the claim of Income Tax Department and interest component of Syrup
MUMBAI BENCH- I IA No. 102 of 2025
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Trading Private Limited (“Unsecured Financial Creditor”) based on which COC was reconstituted on 5th July 2025. In the said meeting, Mr. Sandeep Kedia, representing the Consortium, attended the meeting and provided a brief financial synopsis of the Resolution Plan submitted on 05.08.2025. In the said COC meeting, the Applicant apprised the CoC Members regarding the valuation summary and methodology as received by the valuers appointed in the matter and other aspect of valuation report: Class of Asset Valuer Fair Value Liquidation Value
Land
and
Building
Aristovalue
9,83,68,000
7,37,76,450
Appraisers
10,10,15,000
7,57,55,000
Average of Total
9,96,91,500
7,47,65,725
SFA
Pinky
75,017
75,017
H L Saini 65,618 65,618
Average of Total 70,318 70,318
Total of Average
9,97,61,818
7,48,36,043
14. In the 6th CoC meeting held on 18th August 2025, the RP informed the
COC Members that as the current final resolution plan value is more
than the liquidation value so it will be payable in this case. In the said
COC meeting, the Resolution Plan of Consortium of Sandeep Kedia,
Ruchi Kedia and Ravi Agarwal were put for e-voting starting on 19th
August 2025 and concluding on 22nd August 2022.
se. In the said COC meeting, the Resolution Plan of Consortium of Sandeep Kedia, Ruchi Kedia and Ravi Agarwal were put for e-voting starting on 19th August 2025 and concluding on 22nd August 2022. The COC approved the resolution authorizing the RP to file the application before the AA for approval of the Resolution Plan as submitted by the Successful Resolution Applicant with 100% voting. Interlocutory Applications 15. The Resolution Professional has filed IA(I.B.C)/4240/MB/2025 for Reporting Fraudulent and Preferential Transactions under section 66(1 ) and section 43 of the Insolvency and Bankruptcy Code, 2016 and seeking appropriate reliefs from this Tribunal, which is pending before this bench. Limitation:
MUMBAI BENCH- I IA No. 102 of 2025
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- The last date for completion of CIRP Process in the matter of Corporate
Debtor was 5th July, 2025. Accordingly, the applicant had filed an
extension application IA(I.B.C)/3112(MB) 2025 under section 12(2) of
the IBC, 2016 for 90 days beyond the period of 180 days of the CIRP
before this Tribunal which was approved by this bench vide its order
dated 15th July 2025 extending the CIRP period for 90 days w.e.f. from
6th July 2025 to 5th October 2025 making the last day of CIRP of 270 days
on 5th October 2025. The present application has been filed well before
such last date.
Salient Features of the Resolution Plan - The Applicant has confirmed that the SRA is eligible under Section 29A of the Code to submit a Resolution Plan for the Corporate Debtor.
uch last date.
Salient Features of the Resolution Plan
17. The Applicant has confirmed that the SRA is eligible under Section 29A
of the Code to submit a Resolution Plan for the Corporate Debtor. RP
issued a Letter of Intent (“LOI”) dated 29 August 2025 to the SRA. It
is submitted that Clause 3.7.1 of the RFRP stipulates that the initial
Earnest Money Deposit (EMD) of ₹25,00,000/–, submitted at the
Expression of Interest (EOI) stage, along with the subsequent EMD of
₹25,00,000/– submitted with the Resolution Plan, shall be adjusted
towards and considered as part of the Performance Bank Guarantee
(“Performance Security”). Accordingly, in addition to the aforesaid
EMDs aggregating to ₹50,00,000/–, the Applicant has remitted a further
sum of ₹25,60,000/–, thereby making a total of ₹75,60,000/– deposited
towards the Performance Guarantee obligation.
18. A brief overview of the conformity of the Successful Resolution Plan
with the requirements under the Code and the CIRP Regulations is given
in the table below:
Section of
the Code
/
Regulatio
n No.
Requirement with respect to Resolution Plan
Clause
of
Resolution
Plan
Complian
ce (Yes /
No)
25(2)(h)
Whether the Resolution Applicant meets the criteria approved by the
CoC having regard to the complexity and scale of operations of business
of the CD?
Yes
n Complian ce (Yes / No) 25(2)(h) Whether the Resolution Applicant meets the criteria approved by the CoC having regard to the complexity and scale of operations of business of the CD?
Yes
MUMBAI BENCH- I IA No. 102 of 2025
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Section
29A
Whether the Resolution Applicant is eligible to submit resolution plan
as per final list of Resolution Professional or Order, if any, of the
Adjudicating Authority?
Yes Section 30(1) Whether the Resolution Applicant has submitted an affidavit stating that it is eligible?
Yes
Section
30(2)
Whether the Resolution Plan-
(a)
provides for the payment of insolvency resolution process costs?
(b) provides for the payment to the operational creditors?
(c) provides for the payment to the financial creditors who did not vote in favour of the resolution plan?
(d) provides for the management of the affairs of the corporate debtor?
(e) provides for the implementation and supervision of the resolution plan?
(f) contravenes any of the provisions of the law for the time being in force?
a) Part IV Clause 4.2 at pg. no. 31, Clause 4.4 (a) at Pg. No. 33 & Part VIII (1) (a) at Pg. No. 52 of the resolution plan
(b) Part IV Clause 4.4 (d), (e), (f) at Pg. No. 34 – 36 & Part VIII (I) (b) at Pg. No. 52 of the resolution plan
c) Pat IV Clause 4.4 (b) at Pg. No. 34& Part VIII (I)(c) at Pg. No. Page No. 53 of the resolution plan
(d) Part VI Clause6.2 at Pg. No.
b) at Pg. No. 52 of the resolution plan
c) Pat IV Clause 4.4 (b) at Pg. No. 34& Part VIII (I)(c) at Pg. No. Page No. 53 of the resolution plan
(d) Part VI Clause6.2 at Pg. No. 45 & Part VII at Pg. No. 50 – 51 of the Resolution Plan
(e) Part VI Clause no. 6.1 - 6.4 from Pg. No. 42 – 48 of the Resolution Plan.
(f) Part VIII Clause (I)(j) at Pg. No. 54 of the Resolution Plan.
Yes
Yes
Yes
Yes
Yes
Yes
Section
30(4)
Whether the Resolution Plan
(a) is feasible and viable, according to the CoC?
(a)Part IV, Clause 4.9(b) at Pg. No. 39 of Yes
MUMBAI BENCH- I IA No. 102 of 2025
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(b) has been approved by the CoC with 66% voting share? the Resolution Plan. (b)Resolution No. 1 of 06th CoC Meeting.
Yes
Section
31(1)
Whether the Resolution Plan has provisions for its effective
implementation plan, according to the CoC?
Part VI Clause
6.1 at Pg. No.
42
–
45
&
Clause no. 6.1 -
6.4 from Pg.
No. 42 – 48 of
the
resolution
plan
Yes
Regulatio
n 38 (1)
Whether the amount due to the operational creditors under the
resolution plan has been given priority in payment over financial
creditors?
Part IV Clause
4.4 (d), (e), (f) at
Pg. No. 34 - 36
& Part VIII (1)
(b)Pg. No. 52 –
53
of
the
resolution plan
Yes
Regulatio
n 38(1A)
Whether the resolution plan includes a statement as to how it has dealt
with the interests of all stakeholders?
Part VIII (I)(d)
at Pg. No.
53
of
the
resolution plan
Yes
Regulatio
n 38(1A)
Whether the resolution plan includes a statement as to how it has dealt
with the interests of all stakeholders?
Part VIII (I)(d)
at Pg. No. 53 of
the
resolution
plan
Yes
Regulatio
n 38(1B)
(i) Whether the Resolution Applicant or any of its related parties has
failed to implement or contributed to the failure of implementation of
any resolution plan approved under the Code.
(ii) If so, whether the Resolution Applicant has submitted the statement
giving details of such non-implementation?]
Part VIII (I)(e)
at Pg. No. 53 of
the
resolution
plan
Yes
Regulatio
n 38(2)
Whether the Resolution Plan provides:
(a)
the term of the plan and its implementation schedule?
(b) for the management and control of the business of the
corporate debtor during its term?
(c) adequate means for supervising its implementation?
(a) Part VI Clause 6.1 at Pg. No. 42 – 45 of the resolution plan (b) Part VI Clause 6.2 at Pg. No. 45 & Part VII at Pg. No. 50 – 51 of the Resolution Plan (c) Part VI Clause no. 6.1 - 6.4 from Pg. No. 42 – 48 of the Resolution Plan.
(a) Yes
(b) Yes
(c) Yes 38(3) Whether the resolution plan demonstrates that – (a) it addresses the cause of default?
(b)it is feasible and viable?
(a) Part IV, Clause 4.9(a) at Pg. No. 39 of the Resolution Plan.
(b) Part IV, Clause 4.9(b) at
Yes
Yes
s the cause of default?
(b)it is feasible and viable?
(a) Part IV, Clause 4.9(a) at Pg. No. 39 of the Resolution Plan.
(b) Part IV, Clause 4.9(b) at
Yes
Yes
MUMBAI BENCH- I IA No. 102 of 2025
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(c)it has provisions for its effective implementation?
(d)it has provisions for approvals required and the timeline for the same?
(e) the resolution applicant has the capability to implement the resolution plan? Pg. No. 39 of the Resolution Plan.
(c) Part VI Clause 6.1 at Pg. No. 42 – 45 & Clause no. 6.1 - 6.4 from Pg. No. 42 – 48 of the resolution plan.
(d) Part VI Clause 6.6 at Pg. No. 48, Part IX Reliefs and concessions at Pg. No.59 – 65 & Part Xi Clause 11.9 at Pg. No. 72 – 73 of the resolution plan.
(e) Part I Clause B at Pg. No.16, Part II Clause 2.1 at Pg. No. 17 – 23 & Part IV Clause 4.1 at Pg. No. 30 – 31 of the resolution plan.
Yes
Yes
Yes
39(2) Whether the RP has filed applications in respect of transactions observed, found or determined by him?
Yes
Regulatio
n 39(4)
Provide details of performance security received, as referred to in sub-
regulation (4A) of regulation 36B.
- The total proposed resolution amount of INR 7,56,00,000/- towards resolution of the Corporate Debtor is as per the following details: Sr. No.
to in sub- regulation (4A) of regulation 36B.
- The total proposed resolution amount of INR 7,56,00,000/- towards resolution of the Corporate Debtor is as per the following details: Sr. No. Particulars Amount claimed/Costs incurred (In Rs.) Amount admitted (In Rs.) Proposed Resolution Amount (In Rs.) Tenor
CIRP Costs
5,00,000
5,00,000
5,00,000
Upfront
Payment
(Within 90 days of
NCLT Approval)
2.
Financial
Creditor
(secured)
3,02,77,973
3,02,77,973
3,02,77,973
Upfront
Payment
(Within 90 days of
NCLT Approval)
3.
Financial
Creditor
(Unsecured)
4,70,29,951
4,65,01,990
4,46,22,027
Upfront
Payment
(Within 90 days of
NCLT Approval)
MUMBAI BENCH- I IA No. 102 of 2025
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Operational Creditor
(Government Dues)
12,81,32,324
2,06,191
2,00,000
Upfront
Payment
(Within 90 days of
NCLT Approval)
5.
Operational Creditor
(Other
than
Government,
Workmen,
employees’ dues)
1,10,300
1,10,300
Operational Creditors (Workmen and Employees)
Total Resolution Plan value 20,60,50,548 7,75,96,454 7,56,00,000
A. Treatment for various stakeholders (Clause 4.4. of the resolution plan) a. CIRP costs It is submitted that the unpaid CIRP Costs will be paid in priority over payments to any other Creditors on and from the NCLT Approval Date and within the time prescribed under the Code. It is also submitted that the maximum amount payable by the Resolution Applicant under this Resolution Plan shall not exceed the Total Plan under any circumstances. b.
prescribed under the Code. It is also submitted
that the maximum amount payable by the Resolution Applicant under
this Resolution Plan shall not exceed the Total Plan under any
circumstances.
b. Proposal for Secured Financial Creditors
Sr.
No.
Name of the Secured
Financial Creditor
Amount Admitted
Voting Rights
Amount
Proposed
under
Resolution
Plan
1.
Krishkan Investment Private
Limited
3,02,77,973 39.43%
3,02,77,973
The Resolution Applicant has assumed that there are no dissenting financial
creditors. In the event there are any dissenting financial creditors, then the
at least pro rata/ liquidation value due to such dissenting financial creditors
shall be paid before any amount is paid to financial creditors who voted in
favour of the Resolution Plan.
c. Proposal for Unsecured Financial Creditors
Sr.
No.
Name of the Unsecured
Financial Creditor
Amount Admitted
Voting Share
(%)
Amount Proposed
under Resolution Plan
1.
Disha
Land
Developers
Private Limited
1,64,99,097
21.49
1,58,19,250
Name of the Unsecured
Financial Creditor
Amount Admitted
Voting Share
(%)
Amount Proposed
under Resolution Plan
1.
Disha
Land
Developers
Private Limited
1,64,99,097
21.49
1,58,19,250
MUMBAI BENCH- I IA No. 102 of 2025
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Syrup
Trading
Private
Limited
3,00,02,893
39.08
2,88,02,777
Total 4,65,01,990 60.57% 4,46,22,027
d. Proposal for Employees and Workmen
No claims admitted for Employee and workmen dues.
e. Proposal for Operational Creditors other than Statutory Dues and
dues to Employees and Workmen
Pursuant to the Information Memorandum provided by the Resolution
Professional, the claim admitted amounts to Rs. 1,10,300/-. The RA
proposes to pay NIL as full and final settlements of the claims of
operational creditors (other than workmen and employees and
Government dues).
f. Statutory Dues
Sr. No.
Name of Operational
Creditor
Amount
claimed
Amount admitted
Amount
Proposed
under
Resolution
Plan
1.
Deputy Commissioner
of Income tax Dept.
central circle-2 (2) (1),
Mumbai
12,81,32,324
2,06,191
2,00,000
g. Source of Funding
Particular
No. of Unit
Amount (INR)
Equity Shares
6,00,000
60,00,000
Unsecured Loan
6,96,00,000
Total
6,00,000
7,56,00,000
Shares shall be issued by the CD to the RA within 30 days from the NCLT
Approval Date.
h. Acquisition of Management Control of the CD by Resolution
Applicant
The Resolution Applicant will take the control of Corporate Debtor in 10
days of NCLT Approval Date. It will be monitored by the Monitoring
Committee.
t Control of the CD by Resolution
Applicant
The Resolution Applicant will take the control of Corporate Debtor in 10
days of NCLT Approval Date. It will be monitored by the Monitoring
Committee. The CD shall issue and allot 6,00,000 fresh equity shares at
MUMBAI BENCH- I IA No. 102 of 2025
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INR 10 per share within 45 days from NCLT Approval Date to the
Resolution Applicant against Upfront Infusion.
i. Reliefs and Concessions
The Resolution Applicant has sought the following reliefs and concessions
vide clause 9.1 of the Resolution plan.
Statutory Compliance: 20. In compliance of Section 30(2) of IBC, 2016, the Resolution Professional has examined the Resolution plan of the Successful Resolution Applicant and confirms that this Resolution Plan: a) Provides for payment of Insolvency Resolution Process cost in a manner specified by the Board in the priority to the payment of other debts of the corporate debtor; b) Provides for payment of debts of Operational Creditor in such manner as may be specified by the board which shall not be less than (i) the amount to be paid to such creditors in the event of liquidation of the Corporate Debtor under Section 53; or (ii) the amount that would have been paid to such creditors, if the amount to be distributed under the Resolution Plan had been distributed in accordance with sub-section (1) of Section 53 in the event of liquidation of the corporate debtor.
uch creditors, if
the amount to be distributed under the Resolution Plan
had been distributed in accordance with sub-section (1) of
Section 53 in the event of liquidation of the corporate
debtor.
c) Provides for management of the affairs of the Corporate Debtor
after approval of Resolution Plan;
d) The implementation and supervision of Resolution Plan;
e) Does not prima facie contravene any of the provisions of the law
for time being in force,
f) Confirms to such other requirements as may be specified by the
Board.
g) As per the Affidavit, the Resolution Applicant is not covered
under Section 29A.
MUMBAI BENCH- I IA No. 102 of 2025
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- In compliance of Regulation 38 of CIRP Regulations, the Resolution
Professional confirms that the Resolution plan provides that
a) The amount due to the Operational Creditors under Resolution
Plan shall be given priority in payment over Financial Creditors.
b) It has dealt with the interest of all Stakeholders including
Financial Creditors and Operational Creditors of the Corporate
Debtor.
c) A statement that neither the Resolution Applicants nor any
related parties have failed to implement nor have contributed to
the failure of implementation of any other Resolution Plan
approved by the Adjudicating Authority in the past.
d) The terms of the plan and its implementation schedule.
e) The management and control of the business of the Corporate
Debtor during its term.
f) Adequate means of Supervising its implementation.
g) The Resolution Plan Demonstrates that it addresses
i.
he management and control of the business of the Corporate
Debtor during its term.
f) Adequate means of Supervising its implementation.
g) The Resolution Plan Demonstrates that it addresses
i. The cause of the Default
ii. It is feasible and viable
iii. Provision for effective implementation
iv. Provisions for approvals required and the time lines for the
same.
v. Capability to Implement the Resolution Plan
- The Resolution Professional has submitted Form-H under Regulation 39(4) of the CIRP Regulations to certify that the Resolution Plan as approved by the CoC meets all the requirements of the IBC and its Regulations. The Resolution Applicant has submitted an affidavit pursuant to section 30(1) of the Code confirming its eligibility under section 29A of the Code to submit resolution plan. The contents of the said affidavit are in order. The relevant parts of the revised Form H are reproduced below:
MUMBAI BENCH- I IA No. 102 of 2025
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Form H 1A. The details of the CIRP are as under:
1B. (i) Whether Application for approval of Resolution Plan filed within 180 days of CIRP initiation
- No (ii) Number of days beyond 180 days taken for filing application for resolution plan: 67 (iii) Reasons for delay: The negotiation and discussion were ongoing, accordingly the delay.
- The details of CIRP, and resolution plan are as under: Sl. No .
lication for resolution plan: 67 (iii) Reasons for delay: The negotiation and discussion were ongoing, accordingly the delay.
- The details of CIRP, and resolution plan are as under:
Sl.
No
.
Particulars
Description 1 Whether Corporate Debtor is an MSME, if so, Date of obtaining MSME registration (pls attach copy of registration certificate) Yes, 26th February,
2
Business of the CD
Laxmiramun
a Investment
Private
Limited
is
mainly
engaged in the
business
of
Investment
and Securities
Sl. No.
Particulars
Description
1
Name of the CD
Laxmiramuna Investments
Private Limited
2
Date of Initiation of CIRP
02/01/2025
3
Date of Appointment of IRP
02/01/2025 (Order
received on 06/01/2025)
4
Date of Publication of Public Announcement
07/01/2025
5
Date of Constitution of CoC
28/01/2025
6
Date of First Meeting of CoC
03/02/2025
7
Date of Appointment of RP
05/02/2025
8
Date of Appointment of Registered Valuers
18/02/2025
9
Date of Issue of Invitation for EoI (In case of multiple
issuances of EoI, please specify all such dates)
03/03/2025
10
Date of Final List of Eligible Prospective Resolution
Applicants
03/04/2025
11
Date of Invitation of Resolution Plan
03/04/2025
12
Last Date of Submission of Resolution Plan
03/05/2025
13
Date of submission of Resolution Plan to the RP
05/08/2025
14
Date of placing the Resolution Plan before the CoC
18/08/2025
15
Date of Approval of Resolution Plan by CoC
22/08/2025
16
Date of Filing of Resolution Plan with Adjudicating
P 05/08/2025 14 Date of placing the Resolution Plan before the CoC 18/08/2025 15 Date of Approval of Resolution Plan by CoC 22/08/2025 16 Date of Filing of Resolution Plan with Adjudicating Authority 10/09/2025 17 Date of Expiry of 180 days of CIRP 05/07/2025 18 Date of each order extending/excluding the period of CIRP on request filed by RP 15/07/2025 19 Date of Expiry of Extended Period of CIRP 03/10/2025 20 Fair Value Rs. 9,97,61,818(Average Fair Value) 21 Liquidation value Rs. 7,48,36,043(Average Liquidation Value) 22 Number of Meetings of CoC held Six (6)
MUMBAI BENCH- I IA No. 102 of 2025
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Trading and
Property
Investment.
3
Total admitted claims (Amount in Rs.)
SI.
NO
Description
Principal
Interest
and
penalty,
if any
Total
1
Corporate
Guarantee
claims
Nil
Nil
Nil
2
Other than
Corporate
Guarantee
claims
7,43,19,384
27,77,070
7,70,96,454
7,70,96,454
4 Resolution Plan Value (including insolvency resolution process cost, infusion of funds etc) (In the case of real estate CDs, provide the monetary value of flats etc. given to allottees) (pls attach copy of Resolution plan) 7,56,00,000 5 Voting percentage (%) of CoC in favour of Resolution Plan (pls attach copy of minutes approving resolution plan) 100%
- Details of implementation of resolution plan:
Sl. No. Particulars
Description 1 Amount of Performance Guarantee furnished by SRA (in Rs.) and its validity (attach document) Rs.
) 100%
- Details of implementation of resolution plan:
Sl. No. Particulars
Description 1 Amount of Performance Guarantee furnished by SRA (in Rs.) and its validity (attach document) Rs. 75,60,000/- Proof Attached 2 Source of funds (in brief) Mixture of own funds through equity and unsecured loans 3 Capital restructuring and management of CD post approval of resolution plan (in brief including shareholding proposed to be transferred in favour of SRA) The existing shareholding of the Corporate Debtor shall stand cancelled and new shares will be issued by the RA to its shareholders/directors as nominated by him.
New Shareholding Pattern:-
Name of the RA/Nominee No. of Shares Amount (INR) Mr. Ravi Agarwal 5,70,000 57,00,000 Mr. Sandeep Kedia 15,000 1,50,000 Ms. Ruchi Kedia 15,000 1,50,000 Total 6,00,000 60,00,000 4 Term and implementation of plan (in brief) The term of the Resolution Plan shall be a period of 90 days from NCLT Approval Date and provides for effective implementation thereof in accordance with the timeline provided under this Resolution Plan. 5 Details of monitoring committee (in brief) The Monitoring committee shall comprise of representative of secured financial creditor and the Resolution Applicant. The interim monitoring committee/the monitoring committee shall be responsible
e Monitoring committee shall comprise of representative of secured financial creditor and the Resolution Applicant. The interim monitoring committee/the monitoring committee shall be responsible
MUMBAI BENCH- I IA No. 102 of 2025
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to take all necessary stems for successful implementation of the plan. 6 Effective date of resolution plan implementation Date of approval of Resolution Plan till 90 days from approval of Resolution Plan
- The list of financial creditors of the CD Laxmiramuna Investments Private Limited being members of the CoC and distribution of voting share among them is as under: Sl. No. Name of Creditor Voting Share (%) Voting for Resolution Plan (Voted for / Dissented / Abstained) 1 Kriskan Investment Private Limited 39.43% 39.43% 2 Disha Land Developers Private Limited 21.49% 21.49% 3 Syrupy Trading Private Limited 39.08% 39.08%
7A. Realizable Amount: Sl. No. Particulars Description 1 Total Realisable amount under the plan (In case of real estate CDs, provide the monetary value of flats etc. given to allottees) Rs. 7,51,00,000/- 2 Fair Value Rs. 9,97,61,818/- (Average Fair Value) 3 Liquidation Value Rs.
plan (In case of real estate CDs, provide the monetary value of flats etc. given to allottees) Rs. 7,51,00,000/- 2 Fair Value Rs. 9,97,61,818/- (Average Fair Value) 3 Liquidation Value Rs. 7,48,36,043/- (Average Liquidation Value) 4 Percentage (%) of realisable amount to Fair Value 75.28% 5 Percentage (%) of realisable amount to Liquidation Value 100.35% 6 Percentage (%) of realisable amount to Principal amount 101.05% 7 Percentage (%) of realisable amount to Total admitted claims 97.41% 8 Percentage (%) of realisable amount to Other than admitted Corporate Guarantee claims 97.41%
7B. The amounts provided for the stakeholders under the Resolution Plan is as under:
(Amount in Rs. lakh) Sl. No. Category of Stakeholder* Sub-Category of Stakeholder Amount Claimed Amount Admitted Amount Provided under the Plan# Amount Provided to the Amount Claimed (%) Payment schedule (1) (2) (3) (4) (5) (6) (7) (8) 1 Secured Financial Creditors
(a) Creditors not having a right to vote under sub- section (2) of section 21 NIL NIL NIL NIL NIL (b) Other than (a) above:
NIL
NIL
NIL
NIL
NIL
Creditors
(a) Creditors not having a right to vote under sub- section (2) of section 21 NIL NIL NIL NIL NIL (b) Other than (a) above:
NIL
NIL
NIL
NIL
NIL
MUMBAI BENCH- I IA No. 102 of 2025
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(i) who did not vote in favour of the resolution Plan
(ii) who voted in favour of the resolution plan
3,02,77,973
3,02,77,973
3,02,77,9 73
100%
T+90 Days Total[(a) + (b)] 3,02,77,973 3,02,77,973 3,02,77,9 73 100%
2 Unsecured Financial Creditors
(a) Creditors not having a right to vote under sub- section (2) of section 21 NIL NIL NIL NIL
(b) Other than (a) above:
(i) who did not vote in favour of the resolution Plan
(ii) who voted in favour of the resolution plan
NIL
4,70,29,951
NIL
4,65,01,990
NIL
4,46,22,0 27
NIL
95.96%
T+90 Days Total[(a) + (b)] 4,70,29,951 4,65,01,990
4,46,22,0 27
95.96%
3 Operational Creditors
(a)
Related
Party
of
Corporate Debtor
NIL
NIL
NIL
NIL
(b) Other than (a) above:
(i)Government
(ii)Workmen
(iii)Employees
(iv)
Other
than
Government,
Workmen
and Employee
(i)12,81,32, 324 (ii)NIL (iii)NIL (iv) 1,10,300
(i) 2,06,191
(ii)NIL (iii)NIL (iv) 1,10,300
(i)2,00,00 0 (ii)NIL (iii)NIL (iv)NIL
(i) 97%
(ii)NIL (iii)NIL (iv) 0%
T+90 Days Total[(a) + (b)] 12,82,42,62 4 3,16,491 2,00,000 63.19%
4 Other debts and dues
NIL NIL NIL NIL
)NIL (iii)NIL (iv)NIL
(i) 97%
(ii)NIL (iii)NIL (iv) 0%
T+90 Days Total[(a) + (b)] 12,82,42,62 4 3,16,491 2,00,000 63.19%
4 Other debts and dues
NIL NIL NIL NIL
5 Shareholders
NIL NIL NIL NIL
Grand Total
20,55,50,54 8 7,70,96,454 7,51,00,0 00 97.41%
Findings and Analysis:
23. On perusal of the Resolution Plan, we find that the Resolution Plan
provides for the following:
a) Payment of CIRP Cost as specified u/s 30(2)(a) of the Code.
b) Repayment of Debts of Operational Creditors as specified u/s
30(2)(b) of the Code.
MUMBAI BENCH- I IA No. 102 of 2025
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c) For management of the affairs of the Corporate Debtor, after
the approval of Resolution Plan, as specified U/s 30(2)(c) of the
Code.
d) The implementation and supervision of Resolution Plan by the
RP and the CoC as specified u/s 30(2)(d) of the Code.
24. The RP has complied with the requirement of the Code in terms of
Section 30(2)(a) to 30(2)(f) and Regulations 38(1), 38(1)(a), 38(2)(a),
38(2)(b), 38(2)(c) & 38(3) of the CIRP Regulations.
25. The RP has filed Compliance Certificate in Form-H along with the
Resolution Plan. On perusal, the same is found to be in order. The
Resolution Plan has been approved by the CoC by majority of 100%.
26.
P has filed Compliance Certificate in Form-H along with the Resolution Plan. On perusal, the same is found to be in order. The Resolution Plan has been approved by the CoC by majority of 100%. 26. Vide order dated 15.10.2025, this bench sought certain clarifications as to why (a) the claim amount of the Government dues is kept in contingent claim and (b) the separate class have been carved out by the Resolution Professional; when the contingent claim is also included in the definition of Debt. Further, Part V of the proposed Plan in relation to the source of financial states that “The Upfront Capital infusion shall be funded by the Resolution Applicant through themselves, their friends, and relatives (in case of individuals) and through persons forming part of the special purpose vehicle to be floated by the RA. All the Parties mentioned will be compliant of Section 29A of Insolvency and Bankruptcy Code, 2016 & Request for resolution plan (RFRP)”. On perusal of the same, this bench was of the view that it allows entry of any person in the SPV without any restriction which in a way also constitutes open sanction to the Resolution Applicant to bring in third persons to take over the Corporate Debtor, subsequent upon the approval of the Resolution Plan in the guise of investment in SPV. 27. Vide Additional Affidavit dated 01.11.2025 the Applicant submitted that, with respect to the Government Dues, the applicant received claim dated 17.01.2025 in form B from the Income Tax Department (Asst.
ditional Affidavit dated 01.11.2025 the Applicant submitted that, with respect to the Government Dues, the applicant received claim dated 17.01.2025 in form B from the Income Tax Department (Asst. Commissioner of Income Tax -2(2)(1), Mumbai) for an amount of INR 12,81,32,324/-. From the perusal of the said claim form it is
MUMBAI BENCH- I IA No. 102 of 2025
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stated that the entire claim is made in respect of following Assessment
years:
Sr.no.
Assessment Year
Amount
1.
2008-09
2,06,191
2.
2012-13
13,11,524
3.
2013-14
3,20,35,260
4.
2013-14
3,90,99,490
5.
2017-18
16,300
6.
2017-18
5,54,63,540
Total 12,81,32,305
- It is further submitted that during the verification of the same and based on the information and records available, it was identified that the Corporate Debtor has filed the appeal against the assessment order for the Assessment Years 2012-13, 2013-14, and 2017-18 and the respective appeals filed by the Corporate Debtor are presently pending adjudication before the Appellate Authorities. Accordingly, the Resolution Professional has admitted claim amounting to INR 2,06,191 for Assessment Year 2008-09 and since the liabilities for Assessment Years 2012-13, 2013-14, and 2017-18 have not yet been crystallized, the aggregate amount of INR 12,79,26,133 has been classified as a contingent claim. It is submitted that no separate class has been created by the Resolution Professional in relation to Government or Statutory Dues.
t of INR 12,79,26,133 has been classified as a contingent claim. It is submitted that no separate class has been created by the Resolution Professional in relation to Government or Statutory Dues. The Applicant has quoted circular dated 27.11.2020 issued by Insolvency and Bankruptcy Board of India (IBBI), as well as its online claim portal, specifically mandating the Resolution Professionals to provide "Contingent Claims". Hence, the Applicant in pursuance of the said classification mandated to be in conformity with the IBBI (Insolvency Resolution Process for Corporate Persons) Regulations, 2016, and the regulatory disclosure mechanism prescribed thereunder has reported the claim as contingent claim. Further, the latest claim summary as uploaded by the Resolution Professional on the IBBI Website on 05.07.2025 duly records the said amount of INR 12,79,26,133 under the head "Contingent Claims", in compliance with Regulation 13(2) (ca) of the said Regulations. The categorization was
Website on 05.07.2025 duly records the said amount of INR 12,79,26,133 under the head "Contingent Claims", in compliance with Regulation 13(2) (ca) of the said Regulations. The categorization was
MUMBAI BENCH- I IA No. 102 of 2025
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undertaken solely for the purpose of transparency and accurate
reporting of the claims as prescribed by the IBBI, and not as a creation
of a separate class of claim or creditors.
29. With respect to the SPV structure and funding source, it is submitted
that Part V of the Resolution Plan provides that the upfront capital
infusion shall be funded by the Resolution Applicant through
themselves, their friends and relatives (in case of individuals), and
through persons forming part of the Special Purpose Vehicle (SPV) to
be floated by the Resolution Applicant. The said clause was intended
only to indicate potential sources of funding and not to permit
unrestricted participation or entry of unrelated third parties into the
SPV. In view of the above, the Applicant had also sought clarification
from the Consortium Successful Resolution Applicant vide his email
dated 30.102.205 on the aforesaid aspect. It has been clarified by the
SRA that the same has been included solely as a structural mechanism
to ensure adequate capital infusion, and not with the intent to permit
unrestricted third-party participation in the control or management of
the Corporate Debtor post-approval of the Resolution Plan.
ensure adequate capital infusion, and not with the intent to permit
unrestricted third-party participation in the control or management of
the Corporate Debtor post-approval of the Resolution Plan. Vide the
said affidavit, a summary of the asset value and net worth of the
consortium members has been placed on record. It is further submitted
that the language in Part V of the Resolution Plan does not provide
unrestricted access to third parties, nor does it create any mechanism for
takeover of the Corporate Debtor under the guise of investment post-
approval.
30. In Clause 9.1 of the Resolution Plan, the SRA has sought certain
waivers/ reliefs/concessions. The stated effect of the Resolution Plan
and reliefs & concessions as prayed for shall be available in accordance
with the principle laid down by Hon’ble Supreme Court in case of
Ghanshyam Mishra and Sons Private Limited v/s. Edelweiss Asset
Reconstruction Company Limited {(2021) 13 S.C.R 737} & Municipal
Corporation of Greater Mumbai vs. Abhilash Lal and Ors. (2019) ibclaaw.in
480 NCLAT. Further, it is clarified and ordered that -
t Reconstruction Company Limited {(2021) 13 S.C.R 737} & Municipal Corporation of Greater Mumbai vs. Abhilash Lal and Ors. (2019) ibclaaw.in 480 NCLAT. Further, it is clarified and ordered that -
MUMBAI BENCH- I IA No. 102 of 2025
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a. Any increase in the authorized capital shall be subject to payment
of prescribed fee, if any applicable, and filing of prescribed forms
with the Registrar of Companies.
b. The Income Tax Department shall be at liberty to examine the tax
implications arising from the proposals contained in the plan, in
terms of Section 2(24), Section 28 and Section 56 of the Income
Tax Act, 1961 read with GAAR provisions thereunder.
c. The Applicant shall file necessary forms and pay prescribed fees,
if any, in terms of provisions of the Companies Act, 2013 in
relation to reduction in capital and issuance of fresh capital,
however, the Registrar of Companies shall waive the additional
fees, if any, payable on such filing.
d. The
SRA
may
approach
prescribed
authorities
for
waiver/reduction in fees, charges, stamp duty, and registration
fees, if any arising from actions contemplated under the
Resolution Plan and such request shall be subject to the relevant
law/statute and adherence to the procedure prescribed thereunder.
e.
on
fees, if any arising from actions contemplated under the
Resolution Plan and such request shall be subject to the relevant
law/statute and adherence to the procedure prescribed thereunder.
e. The SRA may file appropriate application, if required, for renewal
of all Business Permits, rights, entitlements, benefits, subsidies and
privileges whether under applicable Law, contract, lease or license
granted in favour of the Corporate Applicant or to which the
Corporate Applicant is entitled to or accustomed to, which have
expired on the Effective Date, and follow the dues procedure
prescribed for the purpose upon payment of prescribed fees. The
contract with third parties shall be subject to consent of such
parties. It is clarified that continuance of approvals shall not be
refused on account of extinguishment of any dues under Code and
extension or renewal thereof shall not be denied on account of past
insolvency of the Corporate Applicant. No action shall lie against
the Corporate Applicant for any non-compliances arising prior to
the date of approval of Resolution Plan, however, such non-
compliances shall be cured, if necessitated to keep the approval in
nst the Corporate Applicant for any non-compliances arising prior to the date of approval of Resolution Plan, however, such non- compliances shall be cured, if necessitated to keep the approval in
MUMBAI BENCH- I IA No. 102 of 2025
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force, after acquisition by the Corporate Applicant within period
stipulated in the Resolution Plan.
f. No orders levying any tax, demand of penalty from the Corporate
Applicant in relation to period up to approval of the Resolution
Plan shall be passed by any authority and such demand, if created,
shall not be enforceable as having extinguished in terms of
approved Resolution Plan.
g. The carry forward of losses and unabsorbed depreciation shall be
available in accordance with the provisions of Income Tax Act,
and the Income Tax Department shall be at liberty to examine the
same.
h. An application for compounding/condoning shall be filed in
accordance with the procedure specified in respective law or
concerned authority, however, no fine or penalty shall be imposed
for non-compliances till the date of approval of this Plan or such
further period as is permitted in terms of this Order.
i. ROC shall update the records and reflect the Corporate Applicant
as ‘Active’ upon filing of pending returns/forms after payment of
normal fees (not additional fee). In case such filing is not
permitted by the e-filing portal, the ROC shall accept such
forms/returns in physical format and manage to upload the same
by back-end. The Corporate Applicant shall be exempted from
using the words “and reduced”.
e-filing portal, the ROC shall accept such
forms/returns in physical format and manage to upload the same
by back-end. The Corporate Applicant shall be exempted from
using the words “and reduced”.
j. The Compliances under the applicable law for all the statutory
appointments by the Corporate Applicant shall be completed
within 12 months, whereafter, the necessary consequence under
respective law may follow.
k. The Resolution Applicant, the Corporate Debtor and the assets of
the Corporate Debtor forming part of Resolution plan shall have
immunity, privileges and protection as is available in the form and
manner stated in Section 32A of the Insolvency and Bankruptcy
Code, 2016.
MUMBAI BENCH- I IA No. 102 of 2025
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l. It is clarified that any relief, concession or waiver, not specifically
dealt with in Paras (a) to (k) above or not permissible in terms of
decision in case of Ghanshyam Mishra (supra) and Abhilash lal
(Supra) or specific provisions of the Code read with the
Regulations, shall be deemed to be denied or rejected.
31. In K Sashidhar v. Indian Overseas Bank & Others (in Civil Appeal
No.10673/2018 decided on 05.02.2019) the Hon’ble Apex Court held
that if the CoC had approved the Resolution Plan by requisite percent
of voting share, then as per Section 30(6) of the Code, it is imperative
for the Resolution Professional to submit the same to the Adjudicating
Authority (NCLT).
solution Plan by requisite percent
of voting share, then as per Section 30(6) of the Code, it is imperative
for the Resolution Professional to submit the same to the Adjudicating
Authority (NCLT). On receipt of such a proposal, the Adjudicating
Authority is required to satisfy itself that the Resolution Plan as
approved by CoC meets the requirements specified in Section 30(2) of
the Code. The Hon’ble Apex Court further observed that the role of the
NCLT is ‘no more and no less’. The Hon’ble Apex Court further held
that the discretion of the Adjudicating Authority is circumscribed by
Section 31 of the Code and is limited to scrutiny of the Resolution Plan
“as approved” by the requisite percent of voting share of financial
creditors. Even in that enquiry, the grounds on which the Adjudicating
Authority can reject the Resolution Plan is in reference to matters
specified in Section 30(2) of the Code when the Resolution Plan does
not conform to the stated requirements.
32. In view of the discussions and the law thus settled, the instant
Resolution Plan meets the requirements of Section 30(2) of the Code
and Regulations 37, 38, 38 (1A) and 39 (4) of the CIRP Regulations.
The Resolution Plan is not in contravention of any of the provisions of
Section 29A of the Code and is in accordance with law. The same needs
to be approved. Hence, ordered.
Order: 33. The Resolution Plan is hereby approved. It shall become effective from this date and shall form part of this order with the following directions:
eds to be approved. Hence, ordered.
Order: 33. The Resolution Plan is hereby approved. It shall become effective from this date and shall form part of this order with the following directions:
MUMBAI BENCH- I IA No. 102 of 2025
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i. It shall be binding on the Corporate Applicant, its employees,
members, creditors, including the Central Government, any State
Government or any local authority to whom a debt in respect of
the payment of dues arising under any law for the time being in
force is due, guarantors and other stakeholders involved in the
Resolution Plan.
ii. The approval of the Resolution Plan shall not be construed as
waiver of any statutory obligations/liabilities of the Corporate
Applicant and shall be dealt by the appropriate Authorities in
accordance with law. Any waiver sought in the Resolution Plan,
shall be subject to approval by the Authorities concerned in light
of the Judgment of Supreme Court in Ghanshyam Mishra and Sons
Private Limited v/s. Edelweiss Asset Reconstruction Company
Limited, the relevant paragraphs of which are extracted herein
below:
“95. (i) Once a resolution plan is duly approved by the
adjudicating authority under sub-section (1) of Section 31, the
claims as provided in the resolution plan shall stand frozen and
will be binding on the corporate debtor and its employees,
members, creditors, including the Central Government, any
State Government or any local authority, guarantors and other
stakeholders.
nd
will be binding on the corporate debtor and its employees,
members, creditors, including the Central Government, any
State Government or any local authority, guarantors and other
stakeholders. On the date of approval of resolution plan by the
adjudicating authority, all such claims, which are not a part of
the resolution plan shall stand extinguished and no person will
be entitled to initiate or continue any proceedings in respect to a
claim, which is not part of the resolution plan;
(ii) 2019 Amendment to Section 31 of the I&B Code is
clarificatory and declaratory in nature and therefore will be
effective from the date on which the Code has come into effect;
(iii) consequently, all the dues including the statutory dues
owed to the Central Government, any State Government or any
local authority, if not part of the resolution plan, shall stand
MUMBAI BENCH- I IA No. 102 of 2025
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extinguished and no proceedings in respect of such dues for the
period prior to the date on which the adjudicating authority
grants its approval under Section 31 could be continued.”
iii. The Memorandum of Association (“MoA”) and Articles of
Association (“AoA”) shall accordingly be amended and filed with
the Registrar of Companies (“RoC”), Mumbai, Maharashtra for
information and record.
iv. The
Successful
Resolution
Applicant,
for
effective
implementation of the Resolution Plan, shall obtain all necessary
approvals, under any law for the time being in force, within such
period as may be prescribed.
olution
Applicant,
for
effective
implementation of the Resolution Plan, shall obtain all necessary
approvals, under any law for the time being in force, within such
period as may be prescribed. It is clarified that the authorities shall
not withhold the approval/consent/extension for the reason of
insolvency of the Corporate Applicant or extinguishment of their
dues upto approval of Resolution plan in terms of the approved
plan. Any relief or concession as sought on the plan shall be
subject to the provisions of the relevant Act.
v. The moratorium under Section 14 of the Code shall cease to have
effect from this date.
vi. The Applicant shall supervise the implementation of the
Resolution Plan and file status of its implementation before this
Authority from time to time, preferably every quarter.
vii. The Applicant shall forward all records relating to the conduct of
the CIRP and the Resolution Plan to the IBBI along with copy of
this Order for information.
viii. The Applicant shall forthwith send a certified copy of this Order
to the CoC and the Resolution Applicant, respectively for
necessary compliance.
Sd/-
Sd/- Prabhat Kumar
Sushil Mahadeorao Kochey
Member (Technical)
Member (Judicial)
/MK/
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