Authority: National Company Law Tribunal, Division Bench, Court - 1, Ahmedabad
Order Date: 10/06/2026
Case Overview
The application was filed by Kashyap A Shah, the Liquidator of IDESA India Private Limited, under Section 59(7) of the Insolvency and Bankruptcy Code, 2016 read with Regulation 38 of the IBBI (Voluntary Liquidation Process) Regulations, 2017. The liquidator sought admission of the application and passing of a dissolution order under Section 59(8) of the Code to conclude the voluntary liquidation process of the corporate debtor.
During perusal of records, the Tribunal noted a discrepancy in the filing of Form-H, which did not reference the payment of statutory dues to the Employees' Provident Fund Organisation (EPFO), despite an account statement showing a payment of ₹4,196 having been made.
Final Outcome
The Tribunal deferred the dissolution order and issued specific directives:
- The liquidator is directed to submit an affidavit stating that all liabilities of the corporate debtor have been paid, irrespective of whether claims were received or not.
- The liquidator must file a revised Form-H and the required affidavit within seven days.
- The Registry was directed to issue notice to the Income Tax Department and the Registrar of Companies (RoC), returnable by the next hearing date.
- The liquidator must collect the notice and serve it to both authorities along with a copy of the order via registered post/speed post, dasti mode, and registered email IDs forthwith.
- The Income Tax Department and RoC are directed to file their replies within seven days of receiving the notice.
- The liquidator must file proof of service by affidavit before the next hearing.
The matter has been relisted for further consideration on 24 June 2026.
Topics: Corporate Insolvency, Voluntary Liquidation, NCLT Proceedings