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
| 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. | Date | Particulars |
| 1. | 26.04.2022 | Date of Initiation of CIRP (Order admitting the petition) |
| 2. | 28.04.2022 | Date of Publication of Public Announcement (Form A) |
| 3. | 10.05.2022 | Last Date for Submission of Claims |
| 4. | 24.05.2022 | Date of Constitution of Committee of Creditors (CoC) |
| 5. | 31.05.2022 | 1st CoC Meeting |
| 6. | 07.10.2022 | Date of Appointment of Resolution Professional (RP approved by NCLT) |
| 7. | 13.07.2022- 15.07.2022 | Appointment of Registered Valuers |
| 8. | 14.07.2022 | Publication of 1st Form G (Invitation for Expression of Interest) |
| 9. | 22.09.2022 | Publication of 2nd Form G for EOI |
| 10. | 23.08.2022 | Receipt of Expressions of Interest (EOIs) for 1st Form G |
| 11. | 07.10.2022 | Receipt of EOIs for 2nd Form G |
| 12. | 11.10.2022 | Issue of Request for Resolution Plan (RFRP) + Provisional List of PRAs |
| 13. | 18.10.2022 | Final List of Prospective Resolution Applicants (PRAs) |
| 14. | 21.10.2022 | NCLT Order Extension of CIRP by 90 days |
| 15. | 23.10.2022 | Scheduled Expiry of First 180 Days CIRP |
| 16. | 03.03.2023 | NCLT Order Exclusion of CIRP period by 60 days (Jan–Mar 2023) |
| 17. | 27.04.2023 | NCLT Order Extension of CIRP by further 60 days |
| 18. | 27.06.2023 | NCLT Order Extension of CIRP by another 60 days |
| 19. | 22.01.2024 | NCLT Order Dismissal of further extension applications |
| 20. | 20.06.2024 | NCLAT Order Extension of CIRP by 45 days (from upload: 09.07.2024) |
| 21. | 09.07.2024 | Upload of NCLAT Order on portal |
| 22. | 20.08.2024 | Filing of Approved Resolution Plan with Adjudicating Authority |
| 23. | 22.08.2024 | Expiry 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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