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2025 Supreme(Online)(NCLT) 6640

NATIONAL COMPANY LAW TRIBUNAL
SHRI SUNIL KUMAR AGGARWAL, SHRI RADHAKRISHNA SREEPADA, JJ
Mr. Aravindan Devarajan – Appellant
Versus
M/s. Lalith Gangadhar Constructions Pvt. Ltd. – Respondent
IA (Plan) 09/2024 in C.P. (IB) No. 87/BB/2021



Advocates:
For the RP: Shri Vishwajith A.S
For Homebuyers of LGCL: Shri Tushar Tyagi

The approval of a Resolution Plan under the Insolvency and Bankruptcy Code must ensure the payment priorities to creditors and compliance with regulatory requirements for effective implementation, which was affirmed by the court.

Headnote:(A) Insolvency and Bankruptcy Code, 2016 - Sections 7, 30(6), and 31 - Corporate insolvency resolution process - The application under Section 7 was admitted owing to a default amount of INR 7,48,37,351/-, initiating the CIRP for Lalith Gangadhar Constructions Private Limited - The Resolution Plan was approved unanimously by the Committee of Creditors with 100% voting share, providing for the payment of all creditors, including operational and secured creditors, within 21-24 months - These payments are linked to the completion of specific projects and overall financial commitments by the Resolution Applicant. (Paras 1, 2, 6, 12, and 18)

(B) Compliance and Approval of Resolution Plan - The court stated that the approved Resolution Plan is binding on the corporate debtor and all stakeholders, including governmental authorities, and confirmed the cessation of the moratorium upon approval of the plan. (Paras 18(iv))

Table of Content
1. cirp initiation and process details. (Para 2 , 3)
2. corporate debtor and relevant stakeholders. (Para 5)
3. feasibility and viability of the resolution plan. (Para 6 , 7)
4. documentation of source of funds. (Para 8)

ORDER

1. This Application is filed by Mr. Ratnakar Shetty (hereinafter referred to as ‘Applicant/Resolution Professional’) under Section 30 (6) read with Section 31 of the Insolvency and Bankruptcy Code, 2016 and Regulation 39(4) of the IBBI (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 read with Rule 11 of the National Company Law Tribunal Rules, 2016 seeking approval of the Resolution Plan dated 01.08.2024 submitted by Kumar Properties Private Limited (hereinafter referred to as ‘Successful Resolution Applicant/SRA’), approved by the CoC in its 15th meeting, held on 30.07.2024 where voting lines closed on 07.08.2024, with 100% voting share.

2. The corporate insolvency resolution process (CIRP) for Lalith Gangadhar Constructions Private Limited was initiated on an application filed by the financial creditor for a default amount of INR 7,48,37,351/-. The application under Section 7 of the Insolvency and Bankruptcy Code(IBC), 2016, was admitted by the NCLT on 26.04.2022, marking the commencement date of CIRP. Mr. Ratnakar Shetty was appointed as the Interim Resolution Professional (IRP) upon admission of the petition and was subsequently confirmed as the Resolution Professional (RP) by the Committee of Creditors(CoC). This process also triggered the imposition of a moratorium under Section 14 of the Code and public announcement inviting claims from creditors as per regulatory compliance.

3. ABOUT THE CORPORATE DEBTOR The Corporate Debtor Lalith Gangadhar Constructions Private Limited, was admitted into CIRP vide order dated 26.04.2022 in CP (IB) No. 87/BB/2021, wherein Mr.

Ratnakar Shetty was appointed as the IRP.

The key dates and events during the CIRP period are tabulated as hereunder:

S. No.DateParticulars
1.26.04.2022Date of Initiation of CIRP (Order admitting the petition)
2.28.04.2022Date of Publication of Public Announcement (Form A)
3.10.05.2022Last Date for Submission of Claims
4.24.05.2022Date of Constitution of Committee of Creditors (CoC)
5.31.05.20221st CoC Meeting
6.07.10.2022Date of Appointment of Resolution Professional (RP approved by NCLT)
7.13.07.2022- 15.07.2022Appointment of Registered Valuers
8.14.07.2022Publication of 1st Form G (Invitation for Expression of Interest)
9.22.09.2022Publication of 2nd Form G for EOI
10.23.08.2022Receipt of Expressions of Interest (EOIs) for 1st Form G
11.07.10.2022Receipt of EOIs for 2nd Form G
12.11.10.2022Issue of Request for Resolution Plan (RFRP) + Provisional List of PRAs
13.18.10.2022Final List of Prospective Resolution Applicants (PRAs)
14.21.10.2022NCLT Order Extension of CIRP by 90 days
15.23.10.2022Scheduled Expiry of First 180 Days CIRP
16.03.03.2023NCLT Order Exclusion of CIRP period by 60 days (Jan–Mar 2023)
17.27.04.2023NCLT Order Extension of CIRP by further 60 days
18.27.06.2023NCLT Order Extension of CIRP by another 60 days
19.22.01.2024NCLT Order Dismissal of further extension applications
20.20.06.2024NCLAT Order Extension of CIRP by 45 days (from upload: 09.07.2024)
21.09.07.2024Upload of NCLAT Order on portal
22.20.08.2024Filing of Approved Resolution Plan with Adjudicating Authority
23.22.08.2024Expiry of last extended CIRP period

4. APPOINTMENT OF REGISTERED VALUERS:

● Following Registered Valuers were approved by the CoC to be appointed for Land and Building on 13th July 2022 and 15th July 2022 -

● SVEE Valuation and Advisory LLP

● Anand Kumar C

● Following Registered Valuers were approved by the CoC to be appointed for Securities and Financial assets on 13th July 2022 -

● Rajesh Yanamandram

● SVEE Valuation and Advisory LLP

● Following Registered Valuers were appointed for Plant & Machinery on 13th July 2022 and 14th July 2022 -

● Rajkumar Sarda

● SVEE Valuation and Advisory LLP

● The Fair Value and Liquidation value of the Corpo

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