Case Details
Case Name: State Bank of India vs M/s Vibha Agro Tech Limited
Court/Authority: National Company Law Tribunal, Hyderabad Bench-1
Case Numbers: CP(IB) No. 645/7/HDB/2018, IA (IBC) (Liq.,) 01/2026, IA (IBC) 771/2026, IA (IBC) 493/2026, Inv (IBC) 07/2026
Date of Order: 22 May 2026
Period of CIRP: 05 June 2023 to 11 February 2026 (714 days total, exceeding statutory 330-day limit)
Parties Involved
Financial Creditor: State Bank of India (SAM Branch)
Corporate Debtor: M/s Vibha Agro Tech Limited
Resolution Professional: Madasa Kumar (appointed 22 December 2023, replacing Ram Ratan Kanoongo)
Liquidator Appointed: Dantu Indu Sekhar (IBBI Registration No. IBBI/IPA-003/IPA-ICAI-N-00233/2019-2020/12773)
Applicants in Interlocutory Applications: Prasad Seeds Pvt. Ltd. and Mr. Vidyasagar Parchuri (Suspended Director)
Committee of Creditors: State Bank of India (lead bank), Reliance ARC, Punjab National Bank, IDBI Bank
Tribunal Members: Shri Rajeev Bhardwaj (Member Judicial), Shri Sanjay Puri (Member Technical)
Issues / Allegations / Violations
- Corporate Insolvency Resolution Process (CIRP) was initiated against Vibha Agro Tech Limited on 05 June 2023 based on Section 7 application by State Bank of India
- The CIRP had to be restarted on 21 February 2025 due to non-compliance with Regulation 6 of IBBI (Insolvency Resolution Process for Corporate Persons) Regulations, 2016
- Multiple resolution plans were submitted but rejected by Committee of Creditors:
- M/s Vasavi Realty Private Limited plan was approved by CoC but challenged by suspended directors
- Rare Asset Reconstruction Limited plan rejected
- Mr. Vidyasagar Parchuri's plan rejected due to ineligibility under Section 29A (wilful defaulter status)
- M/s Verity Knowledge Solutions Private Limited plan failed to secure requisite 66% voting threshold
- The suspended director Mr. Vidyasagar Parchuri was declared wilful defaulter by SBI, IDBI and PNB, making him ineligible under Section 29A(b)
- The CIRP period extended to 714 days, far beyond the statutory maximum of 330 days prescribed under Section 12 of IBC
Findings & Observations
- The Tribunal found that no resolution plan could be approved with the requisite 66% voting share as required under Section 30(4) of IBC
- The Committee of Creditors in its 16th meeting held on 06 January 2026 resolved to initiate liquidation process with proper authorization to the Resolution Professional
- The CoC in its 19th meeting held on 14 May 2026 with 97.31% voting share resolved not to restore or continue CIRP and proceed with liquidation
- The Tribunal upheld the commercial wisdom of CoC, citing Supreme Court precedent in K. Shashidhar v. Indian Overseas Bank that NCLT cannot sit in appeal over CoC's commercial decisions
- The MSME status of Corporate Debtor does not override Section 29A ineligibility for wilful defaulters
- Regulation 39BA requirement was complied with as CoC deliberated on compromise possibilities but resolved not to recommend any arrangement due to ineligibility of directors
Penalties / Settlements / Directions
- Liquidation Order: Corporate Debtor Vibha Agro Tech Limited ordered into liquidation under Section 33(1) of IBC
- Liquidator Appointment: Shri Dantu Indu Sekhar appointed as Liquidator, directed to file consent in Form AA within 2 days
- Moratorium Ceases: Moratorium declared under Section 14 of IBC ceased to have effect
- Director Powers: All powers of Board of Directors vested in Liquidator
- Public Announcement: Liquidator directed to issue public announcement under Regulation 12 of IBBI (Liquidation Process) Regulations, 2016
- Liquidator Fees: Entitled to fees as specified by IBBI under Section 34(8) of Code
Corrective Actions & Future Obligations
- Liquidator to exercise powers under Sections 35 to 50 and 52 to 54 of IBC read with Liquidation Process Regulations
- Personnel of Corporate Debtor mandated to extend all assistance and cooperation to Liquidator
- Order serves as notice of discharge to officers, employees and workmen of Corporate Debtor
- Regional Director, Ministry of Corporate Affairs, Registrar of Companies & Official Liquidator, Hyderabad to be served copies
- Registered Office of Corporate Debtor and Liquidator to be served copies of order
Final Ruling & Enforcement
- IA (IBC) (Liq.,) 01/2026 (liquidation application) ALLOWED
- IA (IBC) 771/2026 (Prasad Seeds restoration application) DISMISSED
- IA (IBC) 493/2026 (Vidyasagar Parchuri compromise application) DISMISSED
- Inv (IBC) 07/2026 (intervention application) DISMISSED
- Liquidation process effective immediately from date of order (22 May 2026)
- All applications disposed of with no order as to costs