Authority: National Company Law Tribunal (Bench comprising Smt. Bidisha Banerjee, Member (Judicial) and Cmde Siddharth Mishra, Member (Technical))

Order Date: 12 June 2026

Case Overview

This application (I.A.(IB) No. 954 of 2025) was filed by Pankaj Kumar Tibrewal, the Liquidator of Jharkhand Mega Food Park Private Limited (Corporate Debtor), seeking modification of the NCLT's earlier order dated 30 April 2025. The application was filed on 16 June 2025. The liquidator sought multiple modifications to the reliefs granted in the April 2025 order to benefit the successful auction purchaser, Baba Agro Food Limited, which was impleaded as a respondent. The modifications sought included:

  • Updating the address of the corporate debtor's property from "Plot No.1596, Road No.7, Mouza-Hinoo, Jaganathpur, Hawai Nagar, PS-Ranchi, Jharkhand - 834003" to "Jharkhand Mega Food Park, Getalsud Industrial Area, Getalsud, Sikidri Road, Jharkhand" for all land-related waivers.
  • Seeking waivers for prior period lease rent, khajna, land revenue, and taxes related to the leasehold/freehold land at the updated address.
  • Seeking waiver of mutation charges and ancillary charges related to the land at the updated address.
  • Clarifying that exemption from all taxes, levies, surcharges, cess, fees, transfer charges, stamp duty, registration charges, and transfer premiums arising from the sale of the corporate debtor as a going concern under liquidation be granted.
  • Removing the phrase "corporate subsidiaries" to clarify that no disability under Section 29A of the Code applies for defaults made by the corporate debtor's subsidiaries.
  • Correcting wording regarding claims of the corporate debtor against third parties to ensure they remain due and recoverable.
  • Clarifying that assets not included in the sale process (as per E-Auction Memorandum) and any proceeds from avoidance applications (Sections 43, 45, 49, 66 of IBC 2016) shall be deposited in the Liquidation Account, with related costs payable from there.

The tribunal noted that these modifications were sought as an afterthought without valid and cogent reasons, describing it as "an ingenious way to include additional waivers and concessions which the liquidator forgot to seek earlier." The court also observed that some of the reliefs sought were already included in the original order.

Final Outcome

The NCLT dismissed the application, rejecting all prayers for modification of its 30 April 2025 order. The registry was directed to send email copies of the order to all parties and their counsel.

Topics: NCLT Order, Liquidation Process, Modification Application