Understanding the Role of Single Operational Creditor in CoC and the Requirement of Reasoning for Liquidation
Introduction
In a recent judgment, the National Company Law Appellate Tribunal (NCLAT) examined the decisions of the Committee of Creditors (CoC) to liquidate under Section 33(2) of the Insolvency and Bankruptcy Code (IBC).
The Judgment
The judgment was delivered by a coram consisting of Mr. Justice Ashok Bhushan (Chairperson) and Mr. Barun Mitra (Technical Member). The case in question was “Jaipur Trade Expocentre Pvt Ltd vs Metro Jet Airways Training Pvt Ltd”1.
Key Findings: NCLAT’s Insights on Committee of Creditors Decision
Observations on CoC’s Decision
The NCLAT observed that the CoC had given reasons for their decision to liquidate, noting that there were no employees, no business, no registered office, no filing of annual account of the MCA since 31.03.2011, no returns, and no transactions since 20172. The scheme of the IBC, as delineated by Section 33(2), empowers the CoC to take a decision to liquidate after the constitution of the CoC.
Requirement of Reasoning for Liquidation
Role of Single Operational Creditor in CoC
In the case of “V. Duraisamy vs. Jeyapriya Fruits and Vegetables Commission Agent & Ors.”3, it was held that the case was one in which no claim was filed, and no Committee of Creditors was constituted . This was not a case where the Committee of Creditors was constituted by a single Operational Creditor. Hence, the submission advanced by the counsel for the respondent that a single Operational Creditor committee cannot be constituted was not an issue, nor any ratio in the said judgment can be read to that effect2.
Conclusion: Committee of Creditors in IBC Liquidation
This judgment provides significant insights into the decisions of the CoC to liquidate under the IBC. It clarifies the requirement of reasoning for such decisions and discusses the role of a single Operational Creditor in the constitution of the CoC.
