SL. No.8

NATIONAL COMPANY LAW TRIBUNAL

COURT HALL NO: II

Hearing Through: VC and Physical (Hybrid) Mode

CORAM: SHRI. RAJEEV BHARDWAJ – HON’BLE MEMBER (J)

CORAM: SHRI. SANJAY PURI - HON’BLE MEMBER (T)

ATTENDANCE-CUM-ORDER SHEET OF THE HEARING OF NATIONAL COMPANY LAW TRIBUNAL,

HYDERABAD BENCH, HELD ON 22.04.2025 at 10:30 AM

TRANSFER PETITION NO.

COMPANY PETITION/APPLICATION NO. Company Petition (IB) No.182/59/HDB/2024

Erwin India Pvt Ltd

NAME OF THE COMPANY

NAME OF THE PETITIONER(S) Mr. Shashikant Shravan Dhamne

NAME OF THE RESPONDENT(S) Registrar of Companies, Telangana

UNDER SECTION 59 OF IBC

ORDER

Orders pronounced, recorded vide separate sheets. In the result, this dissolution

Petition is allowed.

Sd/- Sd/-

MEMBER (T) MEMBER (J)

Apoorva

IN THE NATIONAL COMPANY LAW TRIBUNAL u/s 59(7) of IBC, 2016 r/w Regulation 38(3) of IBBI (Voluntary Liquidation Process) Regulations, 2017 In the matter of M/S. ERWIN INDIA PRIVATE LIMITED (In Voluntary Liquidation)

Filed by:

Mr Shashikant Shravan Dhamne, Liquidator of M/s Erwin India Private Limited, 10, Shreeban, Opp. Police Ground, F.C. Road, Shivajinagar, Pune – 411 016.

.... Petitioner Date of Order : 22.04.2025 Coram:

Sri Rajeev Bhardwaj, Hon’ble Member (Judicial)

Sri Sanjay Puri, Hon’ble Member (Technical)

Counsel present:

Mr Radha Krishna, Ld Counsel for the Petitioner Mr Prem Prakash, Asst Director from RoC office Per : Bench

O R D E R

1. This Company Petition under Section 59(7) of the Insolvency and Bankruptcy Code, 2016 is filed by the Liquidator of the Corporate Person M/S. ERWIN INDIA PRIVATE LIMITED, seeking dissolution of the Company under voluntary liquidation process.

Details of the Company

2. M/s Erwin India Private Limited, the Corporate Person was incorporated on 31.05.2016 under the Companies Act, to carry out the business of providing outsourcing services in all IT related processes for various industries across the world.

3. It is submitted that due to cogent reasons, the Corporate Person was decided to liquidate the Company voluntarily by initiating the Voluntary Liquidation process under IBC 2016, and the Board of Directors approved1 the same on 27.02.2024.

4. The Directors and the Shareholders of the Company as on commencement of Voluntary Liquidation was as under:

5. That, the Members of the Corporate Person in their Extra-ordinary General Meeting (EGM) held on 06.03.2024 passed a Special Resolution2 to liquidate the Company voluntarily, and appointed Mr Shashikant Shravan Dhamne, to act as the Liquidator.

6. That in compliance with the Code, the Corporate Person intimated about the commencement of Voluntary Liquidation to the Registrar of Companies (RoC)³, IBBI⁴, Income Tax Authority and also to the relevant Statutory Authorities⁵

7. It is asserted that, the Voluntary Liquidation in respect of the Corporate Person was commenced from 06.03.2024, and there were no creditors for the Corporate Person.

8. The Liquidator made Public Announcement⁶ in Form-A on 09.03.2024 in daily newspapers, seeking stakeholders to submit their claims if any within 30 days from the date of commencement of liquidation. The said Public Announcement was also displayed on the website of IBBI.

9. It is asserted that, EPFO Regional Office, Madhapur, Hyderabad submitted its claim for the damages, interest thereon and the administrative charges. The said claim was already paid by the Corporate Person through various challans prior to the LCD, and the same was communicated to EPFO Authorities. No further communication was received from EPFO, and an application for closure of PF registration was also submitted with EPFO Regional office on 21.05.2024.

10. It is further submitted that, the claim submitted by the Income Tax Department for interest payment for AY 2019-2020 for Rs 810, was already paid by the Corporate Person on 30.03.2024. However, the claim of Rs 2,37,165 against the demand and interest payment for AY 2021-2022 was incorrect, and a rectification return was filed by the Corporate Person on 26.02.2024 i.e. prior to the LCD