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Voluntary Liquidation Change of Voluntary Liquidator
Posted By : RAJESH KUMAR GOEL | 14-03-2024, 04:04 PM

Company has appointed Rajesh Kumar Goel as Voluntary Liquidator on 14.12.2023. Last date of receipt of claims was 13.01.2024. Intimation to IT Department and GST department sent. Intimation to IBBI sent by Corporate Debtor on 19.01.2024. On 28.01.2024 Preliminary Report sent to Corporate Debtor via email. Last date for verification of claim 12.02.2024.

On 09.02.204 Corporate Debtor informed via email about Replacing Liquidator (Rajesh Kumar Goel). CD also instruc...

Posted By : Prem Chand Goyal | 05-03-2024, 05:20 PM

The assets of the CD under Liquidation was successfully auctioned on 13.07.2023. However, the Honourable AA on the application filed by erstwhile director of the CD for direction to the liquidator to stay the sale, ordered the auction process to continue but the stayed the issuance of sale certicate only till the application is dispossed of on merit. The application was dispossed of on 11.01.2024.

The Auction purchaser citing the delay requested for inspection of assets purchas...

Posted By : Prem Chand Goyal | 05-03-2024, 04:59 PM


Voluntary Liquidation Holding of meeting of Contributories post amendment in Regulation 37 of IBBI (VLP) Regulations
Posted By : Umesh Lakhani | 12-02-2024, 07:22 PM

Regulation 37 of the Voluntary Liquidation Regulation is amended recently on 31-01-2024. As per the amended Regulation 37, meeting of the contributories is to be held after completion of 270 days / 90 days from the liquidation commencement date. For ongoing voluntary liquidation assignments, when the meeting needs to be held pursuant to above amedment?

For example, the liquidation commencement date is say 7th September 2023. As per earlier regulation, the annual meeting of the contr...

Posted By : Asokan Nagarajan | 03-01-2024, 01:26 PM

Posted By : Asokan Nagarajan |  03-01-2024, 12:43 PM


Can an IRP appoint a partner of an IPE (in which the IRP is a a partner) as a professional for rendering serviices  in the CIRP?    


Posted By : Asokan Nagarajan | 03-01-2024, 12:43 PM



(1) The resolution professional shall, within seven days of his appointment but not later than fortyseventh
day from the insolvency commencement date, appoint two registered valuers to determine
the fair value and the liquidation value of the corporate debtor in accordance with regulation 35.

(2) The interim resolution professional or the resolution professional, as the case may be, may

Voluntary Liquidation Fees Disclosure
Posted By : MUKESH SONI | 06-12-2023, 11:20 AM

where to make disclosure regarding fees to professionals, liquidation cost etc, to IIPICAI as per regulation 25A of the Insolvency Profesional regulation. Senior Members may please guide.


Personal Guarantor to Corporate Debtor Rights of Secured Creditors under Section 110 of IBC code
Posted By : Lakshmi Narasimha Rao Pallapotu | 13-09-2023, 06:05 PM

Dear all

Pleas let me know,  is there any process  to be followed by Secured Creditor under Section 110 who intends to enforce his Security interest charged to him as security for the debt granted by him.

Because, under liquidation process, as per Section 52, the Secured creditor has to follow certain process as indicated under subsection (1) to (7) of Section 52. 


Personal Guarantor to Corporate Debtor Statement of financial position under S.129
Posted By : Padmakumar K C | 11-08-2023, 08:16 PM

S.129(2) The statement of financial position shall be submitted in the such form and manner as may be prescribed.

However, no such prescribed form and manner could be found in the Regulations. Where is it available?


Personal Guarantor to Corporate Debtor Public Notice under S.130(2)
Posted By : Padmakumar K C | 11-08-2023, 08:13 PM

S.130(2) requires a public notice to be published in two leading newspapers. However, the Regulations do not have a prescribed form for this notice. The downloads section at the IBBI website also does not have a format. Is there any prescribed format for public notice under S.130(2) ?


CIRP Authorized Representative
Posted By : Devnidhi Arya | 23-06-2023, 12:31 PM

Sanjeev Memorial Foundation ….Applicant
Kamrup Housing Projects Pvt. Ltd. …..Respondent

Order dated 15.06.2023


CIRP Regarding Appointment of Valuers
Posted By : Sapna Gupta | 02-06-2023, 12:32 PM

I undersigned was appointed as Insolvency Resolution Professional by Hon`ble NCLT Chandigarh bench vide its order 21.04.2023 in the matter of corporate debtor M/s No Exit Clothing Private Limited. IRP was confirmed as RP in the first meeting of COC.
Liquidation When submission of form I and II to iiiipicai become due in case IRP continued as DRP
Posted By : Reshma Mittal | 21-05-2023, 08:41 PM

IRP continued as DRP. DRP is replaced by new RP on 175th day, in such case when Form 1 and II should file ? within seven days of demitting office as IRP or after demitting office as DRP?


CIRP Limitation period on share application money remained unpaid by the company.
Posted By : Chittaranjan Panda | 15-05-2023, 08:12 PM

Dear Madam/Sir, FACT: 1. A person through MOU dated 29.01.2014 paid Rs. 2,00,00,000.00 on 22.02.2022 to a private company for issuance of equity shares. The company after getting the money did not issue shares. 2. The company showed such an amount in its B/S. as share application money. It showed an unsecured loan. We filed section 7 application but it was rejected on the ground that it was not loan. The company did not prepare financial statements from 2014-15 onward. 3. As per...

Liquidation Sale Proceeds of mortgaged land of CD relinquished by FC
Posted By : Anjan Bhattacharya | 28-04-2023, 12:10 PM

Dear Learned Fellow Members,

Three FCs namely A B &C has contributed CIRP cost aggregating Rs 30 lakhs  during CIRP of CD in proportion of their dues.  In Liquidation of the same CD, Liquidation cost contribution by three financial creditors Rs 9 lakhs in proportion to their dues as there is no liquid assets except a land mortgaged to FC-B which he has relinquished to Liquidator. Liquidation expenses still payable Rs 1.50 lakh.  Land mortgaged to B of the CD sold ...

CIRP Change of IRP on 101 st day by RP ---who is to file File CIRP 8
Posted By : RAJAN GARG | 03-04-2023, 11:00 AM

Dear Learned  Fellow members 

I seek your views on the following matter : 

1. I was appointed IRP by NCLT U/S 9 application 

2. COC consisted of a PSU bank , who was the sole FC . I was not on their panel .Hence they resolved in first COC meeting &  petitioned to replace me by their empnalled IP as RP .

3. Their petition for change of RP was approved by NCLT on 101 st day of CIRP .

4. Now the issue is : WHO SH...

Posted By : Hajari Lal Saini | 30-03-2023, 06:27 PM

Please guide me 

CD is under liquidation, and do not have any tangible assets otherthan having unabsorbed Depreciation of Approx.of Rs.20.00 Cr and Business Loss of Rs.2.00 cr

1. If CD Sale/ transfer under Liquidation as a going concern , whether acquring entity will be eligible for unabosrbed depreciation allowance ?

2  What will be Position of C/F business loss, whether the acquring entity also get benifited of C/F business loss :?

CIRP Regulatory fee
Posted By : Fanendra Munot | 01-03-2023, 01:23 PM


Please guide me on the payment of regulatory fee @ 0.25% of amount realisable to creditors, in terms of regulation 31A(1) of IBBI (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 

I had requested IBBI to provide invoice of regulatory f...

CIRP Can RP represent CD under Section 305 of CrPC
Posted By : Pawan Kumar Agrawal | 28-02-2023, 06:12 PM

During CIRP, Patiala High Court (in a chargesheet filed by EOW) ordered RP "Let compliances u/s 305 CrPC be made qua accused Company by NDOH." even after considering the company is into Moritorium.


1) Will section 14 moratorium on CD not applicable in criminal matter of EOW?

2) Why will RP represent to CD as an accused party?

3) What are the options with RP?


CIRP non payment of initial amount of rs.2 lac
Posted By : Neeraj Kumar Jain | 18-02-2023, 10:07 PM


I was appointed as IRP on Dec 15th  2022 and the applicant is only claimant who has filed his claim late .He kept on saying that he will send inital amount of 2 lacs but till today he hasnt.So publication and legal cost etc is being incurred by me out of pocket.Now he says you maange by interim finance and i can only pay some amount few thousand but not your fees which you do from interim finance.


Can i take the plea that the proceedings havn...

Voluntary Liquidation GST and Income Tax refund
Posted By : Manojit Sengupta | 09-02-2023, 05:44 PM

The CD has written back during the year the due Input Tax Credit balances of GST and Due Income Tax Refunds from the Income Tax Department for the smooth closure of their entity. Can the Liquidator claim refunds from GST and Income Tax, though those are not appearing in their books but reflecting in the portals of GST and IT? 


Is it required to apply for cancellation of GST registration? Where to communicate the liquidation process to the IT and GST depart...

CIRP CIRP Initiated and stayed by NCLAT
Posted By : RAJAN GARG | 09-02-2023, 05:40 PM

Dear fellow members 

I request your opinion on below subject 

1. CIRP U/S 9 Initiated four months back . Myself appointed as IRP

2. First COC conducted . SD of CD was present . He did not refer to settlement with OC . I was confirmed as RP 

3. Just after COC , SD of CD claims he entered into a settlement with OC and moved NCLAT against admission  . NCLAT while recognising the fact of COC formation granted an interim stay .


Liquidation Disbursement during the Liquidation Process
Posted By : Jaykumar Pesumal Arlani | 03-02-2023, 03:03 PM

During liquidation, if there are multiple assets having separate security interest of more than one secured FC, like Land is mortgaged with Bank A while Bank B has got a charge on Machinery; in such cases, the Liquidator follows a system, wherein he distribures the amount of the asset with particular charge with that charge-holder only. 

What is the basis or law governing the same or is there any caselaw supporting the same?

How can the same system be followed for gov...

Liquidation Members of Stakeholders Committee
Posted By : NIRMAL KUMAR AGARWAL | 09-01-2023, 07:44 PM

Whether Operational creditors will also be the part of Stakeholder Consultation Committee in Liquidation. Whether voting rights will also be assigned to them in terms of Regulation 31 & 31A. Please share your valuable thoughts 


Liquidation Suits or Proceedings during liquidation
Posted By : RAVURU HARI PRASAD | 03-01-2023, 07:23 PM

It is settled law that the suits or legal proceedings shall not be instituted or pending suits shall not be contnued during the moratorium declared under CIRP against the Corporate Debtor. Once the liquidation order is passed by the AA, the moratorium comes to an end. However no suits or legal proceedings shall be instituted by or against the Corporate Debtor. Suits or legal proceedings may be initiated by the Corporate Debtor with the approval of the AA. 

No mention ...

CIRP uploading on website of iiipicai
Posted By : Neeraj Kumar Jain | 30-12-2022, 04:35 PM

form a how to upload on iiipicai


CIRP Payment of statutory dues during CIRP
Posted By : RAVURU HARI PRASAD | 29-12-2022, 03:51 AM

The Company was admitted into CIRP in the month of December 2022. It is going concern. ESI and EPF dues for the month of October and November were not paid due to technical problem in operating Internet Banking of the Bank. Can we pay those statutory dues during the moratorium period or should they be treated as pre-CIRP dues. The question is should they be paid or should the be asked to submit claim.


Voluntary Liquidation Documentation and compliance part
Posted By : Manojit Sengupta | 24-12-2022, 04:48 PM

Kindly suggest documentation and regulatory compliance parts (both IIIP and IBC/NCLT) for a simple voluntary liquidation process of a company (Shareholders and from abroad) that is going for liquidation due to non-functional of operation for a long and has no intention to operate any further. 


CIRP Appointment of Registered Valuer Entity as Registered Valuer
Posted By : RAVURU HARI PRASAD | 17-12-2022, 11:05 AM

Sir / Madam,

Can a RVE, LLP be appointed as RV. Can invoice be raised by RVE LLP and payment be made to LLP (Registered Valuer Entity)


Liquidation Appointment of Valuer
Posted By : Revathi Raghunathan | 15-12-2022, 01:08 PM

Liquidator has been appointed by the Hon'ble Tribunal. There are no assets available to be valued. Should a valuer be appointed in terms of the regulations.


Liquidation Claims
Posted By : Sagar Balaji Shrirang | 11-12-2022, 12:50 PM

Dear All,

I have been appointed as Liquidator in one case. Earlier there was another IP acting as RP in the matter. After my appointment I have published Publice Announcment in Form B. But no one come forward to file claim in response of the public announcment. Weather can I consider the same list of Creditors calims made by RP during the CIRP?


Posted By : RAJAN GARG | 09-12-2022, 06:34 PM

Dear All 

Need your advice in the following situation .

In a Section 9 petition ,

1. CD moved NCLAT and NCLAT ordered : (1) CD to pay amount demanded by OC in his original petition ( < 24.03.20) witin two weeks  (2) NDOH  : Three Weeks ( 3 ) In the meantime , in pursuance of admission order no further steps shall be taken .

2. NCLAT order is before due date of formation of COC . Accordingly no steps to form COC were taken . 


Liquidation Security interest
Posted By : Fanendra Munot | 14-10-2022, 12:20 PM

Machinery of a corporate debtor is hypothecated with two financial creditors. One creditor has relinquished it's security interest while the other has not relinquished it. In such case, how to proceed for e-auction of the machinery?


Posted By : Haralahalli Shekarappa Chandrasekar | 03-10-2022, 11:20 AM

Hi Sir, 

I have clarification on submission of Form CA (regulation 8A). Have received Form CA from the creditor(s) in two parts up to declaration it is on one page, from declaration onwards he has submitted in Rs. 100 stamppaper. Can it be considered as valid format for FORM CA ? to accept the calim.

Additionally claim is recevied under regualtion 12(2) (within 90 days) being class creditor has included myname(RP) as authorised reprsentative, since this is incorr...

Liquidation Sale of Assets of Corporate Debtor under Liquidation
Posted By : Sabir Kanti Mazumder | 27-09-2022, 10:20 PM

Dear Members,

Land in which the factory, office building ,other constructions have been constructed by the Corporate debtor in liquidation are in the name of a director of the CD who is also a guarantor of the credit facility offered by the Bank, secured creditor  and has mortgaged the land to the Bank. The Bank i.e. the Secured creditor has relinquished the assets of the CD in favour of the liquidation estate of the CD in liquidation. The Secured creditor has also issued a NOC...

Posted By : UMESH CHAND GOYAL | 17-09-2022, 03:11 PM

Dear Friends,

I want to know the status of Liquidator who was not RP in the matter and liquidation order has been set aside by the Hon'ble NCLAT.  How the Liquidator to proceed further for hand over and payment of fee and other expenses incurred including bills of the Advocate

The ex-Director of the CD has filed appeal against the liquidator order and stay was granted in April 22 with directions to Liquidator not to proceed further processes. ...

CIRP Request for calling COC meeting under Regulation 18(2) and (3) for replacement of RP after approval of Resolution Plan by COC but before it is approved by NCLT
Posted By : Suresh Kumar Jain | 13-07-2022, 07:46 PM

Can a Financial creditor having voting right of 75 percent  can request  for calling COC meeting under Regulation 18(2) and (3) for replacement of RP after approval of Resolution Plan by COC but before it is approved by NCLT

It is stated by some IP collegues that affter approval of Resolution Plan by COC, COC becomes defunt and its meeting can be called only at the direction of AA . Please advise me the correct position 


Suresh Kumar Ja...

Posted By : Gaurav Sharma | 05-07-2022, 02:17 PM

If dissolution application has been filed in say June , do we need to file the progress report also for the quarter Apr-june again?


Liquidation Application for violation of Resolution Plan.
Posted By : Chittaranjan Panda | 14-06-2022, 05:04 PM

Our application u/s. 9 is  pending before Honourable NCLT. for amount not paid as per the approved resolution plan  and the proceeding is on.

At this stage whether applicaiton for liquidation be filed under section 33 of the  IBC, 2016 for violation of resolution plan. 

Is is permissible to file liquidation petition wheile the application u/s. 9 is pending?




Posted By : Prem Chand Goyal | 09-06-2022, 01:31 PM

Dear Members, I need clarification regarding adding assets owned by the Personal Gurantor in Resolution Plan

The corporate debtors own only the Plant and Machinary.

The unit is set on the lease hold land. Lease period is 10 year, which has alraedy expired.

The Land owner is personnel guarantor s well as mortgagor .

The bank has taken physical possesion of  land and building under SARFAESI Act 2002 prior to commencement of CIRP.


CIRP Claims
Posted By : Kedari Narsimha Rao | 07-06-2022, 07:09 PM

Dear all, need your help on the below issue from claims perspective - 

1. CD (a public Ltd Co., into Biomass power business) is admitted into CIRP u/s 9 application by OC in May'22. 

2. There was an agreement (Operating Lease) signed by the CD, Investor (an LLP) and the Owner (Holding Co., of the CD) in 2016.

3. The Investor has run the operations of the CD basis this lease agreement for 5 months in 2017 and there after the operations were stopped a...

Liquidation Report format u/s 54 for Dissolution of Corporate Debtor
Posted By : Manoj Kumar Anand | 14-05-2022, 11:39 AM

Please share the report format u/s 54 for Dissolution of Corporate Debtor to NCLT if any or any suggestion in this regard


Liquidation Approval of financial statement of Corporate Debtor in liquidation
Posted By : Shalu Khanna | 06-05-2022, 05:42 PM

Who will approve the financial statements of the Corporate Debtor, which is into liquidation now, and the financial statements pertains to CIRP period/ prior to CIRP period? What if ex directors are not available/ agreeing to sign the same?


CIRP Homebuyers
Posted By : Pooja Goel | 02-05-2022, 03:41 PM

If 40% vote against IRP to be elected as RP when COC consists of homebuyers only as a class of creditors, please let me know the % requirement to become RP..is it 51 or 66...

Voluntary Liquidation Change of Professional
Posted By : Rakesh Maganlal Nathwani | 19-04-2022, 09:32 AM

If the commencement of Voluntary Liquidation (i.e. after EGM resolution passed) is in February-2022, is it necessary to change the auditor for Financial year 21-22 or the auditor who signed FY:20-21 can be also sign for 21-22?  


Personal Guarantor to Corporate Debtor Forms to be filed with IPA/IBBI by IRP on appointment by NCLT
Posted By : R. Sankaran | 11-04-2022, 02:02 PM

What are the compliances to be made by IRP in respect of filing of IP forms/disclosure with IBBI/IPA on appointment as IRP in Section 95 application.  Reply requested from learned friends and experts.


Posted By : Mukesh Verma | 10-04-2022, 05:43 PM

CIRP for a company commences on 20th of a moth. What happens to the salary and other operational expenses during the pre-admission part of the month. Should we obtain claims for aprt month and pay the salary for the post-admission period? Or the salary for the month becomes due and payable at the end of the month and we pay the whole month's salary and other operational expenses and consider the same as CIRP cost. It is an operational unit.

Thanks in advance.


Posted By : NIRMAL KUMAR AGARWAL | 06-04-2022, 05:46 PM



CIRP Adding of Assignment
Posted By : NIRMAL KUMAR AGARWAL | 06-04-2022, 05:45 PM



Liquidation Liquidator fee
Posted By : Balasubramanian Venkatachellam | 24-03-2022, 02:36 AM

In case of liquidator fee payable as a monthly fee as decided by the CoC, till which date the liquidator is entitled for his monthly payment i.e.

(1) till the date of Closure order by AA or

(2) till the date of filing of closure order by the liquidator,


Opinion of experts appreciated.



CIRP Functions of IRP
Posted By : Suresh Chandra Jena | 16-03-2022, 06:40 PM

IRP was not confirmed as RP by CoC in the 1st meeting itself. 2nd & 3rd CoC meetings  called during pendency of the application of CoC for change of RP in NCLT,did not approve fees of Valuers and Transaction Auditors, didn't approve RFRP, IM, EM, Publication of Form G and resolved that IRP should not take any action till new RP takes over. However, all regulatory filings GST, Income Tax Returns etc continued by IRP.

2. Finally, new RP took over after about 20 month...

Posted By : Ramji M. | 11-03-2022, 05:53 PM

It seems considerable delay happening in CPE updation by IPA & IBBI. This somewhat demotivates me to attend new CPE events. In USA CPA, CMA updates the CPE credits within 24 hours. This way IPA and IBBI could help on this.


CIRP Can IRP be appointed as Liquidator directly without confirming him as RP
Posted By : NIRMAL KUMAR AGARWAL | 10-03-2022, 07:05 PM

During CIRP process, if COC thinks that Liquidation is only option and they do not want to call for Resolution Plan also. Can they confirm IRP as Liquidator directly without confirming him RP. Please confirm as it is urgent and related to present ongoing case.


Voluntary Liquidation Compliance for TDS, GST; De-registration of TAN, GSTN
Posted By : Sanket Vijaykumar Deshpande | 01-02-2022, 08:22 PM

As a process of Voluntary Liquidation, the Liquidator would initiate the process of de-registration with various statutory authorities. However, there will be expenses like that of Liquidator`s Fees, fees for professionals etc. The same would require deduction and payment if TDS. In this case, when to de-register TAN ? Further, in case of payment to lawyers, there will be requirement for RCM for GST. In this case, when the process of de-registration should be initiated ?...

Personal Guarantor to Corporate Debtor Who is to sign Form C under Rule 7(2) of the Application to AA for IRP for Personal Guarantors to CD?
Posted By : Kamal Agarwal | 01-02-2022, 06:08 PM

A creditor may propose an Insolvency Professional while filing an application under section 95 of the Code,  Now who is to sign Form C, whether the creditor or the Insolvency Professional. If an insolvency professional signs the application then what is the relevance of his report under section 99 of the Code.






CIRP Claim arising out of invocation of Corporate guarantee given by CD - voting rights under CoC
Posted By : Surender Devasani | 30-01-2022, 08:33 PM

Under CIRP a claim is lodged by a financial creditor to whom a Coporate Guarantee was given to raise finance by another company.

The claim is accepted as Financial Creditor.

Now, as the claim amount is huge they have become a FC with  the majority voting power and dictating entire CIRP, at the cost of interest of other FCs who actually funded to this CD.

How to deal with such situation? is there is any provision in IBC, 2016 to restrict their voting sha...

Posted By : Prashant Bhatia | 25-01-2022, 03:30 PM

CD registered under PT, both directors were the only employees, no salary payments made after CIRP, is the CD still required to pay PT annually as per the slab even if no deductions 

have been made from employees


CIRP Application for Extension of CIRP Period
Posted By : PRAMOD KUMAR DOKANIA | 14-01-2022, 07:47 PM

In a CIRP Case COC has rejected the resolution planned and approved to proceed for liquidation . IA under section 33(2) is filed with NCLT for liquidation order. CIRP period is ending (180 days) on 25th Jan 22, where the IA for liquidation is pending and most likely will get listed for hearing in Feb 22, do thr RP still need to apply for CIRP extention given the liquidation is approved by COC and IA is filed with NCLT?


CIRP Can a fresh EOI be called while a resolution plan is pending before the coc
Posted By : Mathur Sabhapathy Viswanathan | 09-01-2022, 10:21 PM


CIRP Can fresh EOI can be issued while a resolution plan is unde
Posted By : Mathur Sabhapathy Viswanathan | 09-01-2022, 10:20 PM


CIRP Interest of 8% on claims by class of financial creditors
Posted By : VIBIN VINCENT | 09-01-2022, 10:41 AM


As per regulation 16A (7) states that. “The voting share of a creditor in a class shall be in proportion to the financial debt which includes an interest at the rate of eight per cent per annum unless a different rate has been agreed to between the parties"

Which method of interest calculation will be reasonable here, simple interest or compound interest? If compounding, shall we calculate based on monthly compounding as banks normally do...

CIRP CIRP 3: Do we need to file different CIRP form 3 for each violation
Posted By : Rahul Sudhakar Kavathekar | 05-01-2022, 06:34 PM

Dear Sir 
CIRP Home Buyers :
Posted By : Parvinder Singh | 27-12-2021, 09:13 AM

I am RP at one of the Builders and Developers Company. One of the Home Buyers is having 9 Units/ Flats, Kindly clarify if the Person or Firm holding 9 Flats is to be treated as Home Buyer or Investor or financial Creditor only. The Flats has not been registered yet.


Liquidation IP 1
Posted By : Bhavesh Rathod | 14-12-2021, 05:40 PM

Hello All, 

I am the IRP, RP and now the liquidator of the CD.

Mine query is, whether I have to file IP-1 again for my consent to act as liquidator.

If not, how to communicate to IBBI about closure of CIRP and start of Liquidation process.

Bhavesh Rathod






Liquidation VALUATION
Posted By : Sethurathnam Ravi | 06-12-2021, 12:44 PM

If liquidator has to appoint valuers at a later stage in liquidation process, the valuation will be done as on ICD, LCD or valuation date


Pre-Pack Whether pre -pack can be initiated if one group company ( Corporate) is under resolution through RBI scheme of prudential framework for resolution of stressed assets
Posted By : CHARAN SINGH | 01-12-2021, 02:24 PM

There are two group Company having common Directors, Management and shareholding. One of the Company is under resolution through Prudential Framework for Resolution of stressed assets ( RBI circular  dated 07.06.2019) and the other Company is registered as MSME through Uduog Aadhar Registration certificate. Though, this MSME unit otherwise qualifies for Pre- Pack but whether the fact that other group Company having commomn Directors, Management control and shareholding will have any bear...

Liquidation Claim of financial creditors
Posted By : Anjan Bhattacharya | 30-11-2021, 12:22 PM

CIRP was initiated by X company(a financial creditor) against  ABC company, a non functional company. X has no security in the ABC. CIRP commenced and  other two financial creditors also filed claim with RP. All the three financial creditors shared CIRP cost. The NCLT passed order for liquidation.  X company did not file their claim with the liquidator. Whether, X is liable for sharing the liquidation cost alongwith other two financial creditors.



CIRP Amendment to Regulation 36A - Whether Form G can be issued more than 2 times
Posted By : Raghavendran R | 30-11-2021, 11:23 AM

Amendment to Regulation 36A(4A) of CIRP regulation states that "Any modification in the Invitation for expression of interest may be made in the manner as the initial invitation for expression of interest was made: Provided that such modification shall not be made more than once." - Does it mean that the CoC, can not issue FORM G more than twice -First original and the second modification.... What happens for the second time also there are No resolution plans or CoC is not satisfied...

CIRP Filing of form INC-28 With MCA
Posted By : LOKESH KHADARIA | 25-11-2021, 03:58 PM

I am Appointed as IRP in a Company. The Company Status on MCA Portal is strike off, I am not able to file INC 28. I have already informed ROC about my appointment as IRP by Email and Speed Post. It has already been updated at MCA Portal that company is under CIRP.

My query is any further compliace need to be done from IRP or Not.



Lokesh Khadaria


[email protected]


Liquidation Sale of old stock of IT Products like Printers and its accessories etc which were not able to sale as per E Auction held 2 times under Regulation 33 of schedule 1 of IBBI (Liquidation Process) Regulations, 2016.
Posted By : Yogender Pal Singhal | 09-11-2021, 06:17 PM

We require the suggestion for sale of old stock of IT Products like Printers and its accessories etc which were not able to sale as per E Auction held 2 times under Regulation 33 of schedule 1 of IBBI (Liquidation Process) Regulations, 2016. No bidder had participated in the bid and the value of stock is reducing due to upgradation of technology of the products. If we try to further for E-Auction for 2-3 times , the expectation of any party to participate in ...

CIRP Valuation of Financial Assets- where an Enterprise not in operation since last more than 3 years with no financial activity.
Posted By : Daulat Ram Jain | 03-11-2021, 12:09 PM

Where a unit is not in operation since last more than 3 years with no financial activity. Still is it necessary to have valuation of Financial assets? Result in these cases will be Zero valuation as legally nothing can be recovered even from Unsecured Loans granted by the Unit.


CIRP Valuation of Financial Assets- where an Enterprise not in operation since last more than 3 years with no financial activity.
Posted By : Daulat Ram Jain | 03-11-2021, 12:05 PM


Liquidation Documents to be obtained from RP if one is appointed as liquidator
Posted By : Mukesh Verma | 02-11-2021, 03:00 PM

Please advise the list of documents a newly appointed liquidator should obtain from the RP on pronouncement of liquidation orders.


Personal Guarantor to Corporate Debtor Public Announcement
Posted By : Chandrasekhar Sagutoor | 02-11-2021, 02:12 PM

Section. 102 of IBC stipulates public announcement shall be caused by NCLT. Can anyone clarify how will it happen? If RP appointed shall cause the public announcement, which form to be used....

CIRP Applicability of limitation on CLAIMS under CIRP
Posted By : Surender Devasani | 02-11-2021, 01:36 PM

In one of the judgements Hon Supreme Court has said that the Recovery certificate issued by DRT extends limitation of 3 years under IBC,2016 and within 3 years of such certificate the creditor may file application u/s 7 for initiation of CIRP. 

Whether the same rule applicable for claims also.  If such DRT recovery certificate holder submits claim after 3 years shall the IRP/RP admit the claim?



Voluntary Liquidation Genuine claim received few months after deadline, in Voluntary Liquidation
Posted By : Rakesh Maganlal Nathwani | 02-11-2021, 12:59 PM

In Voluntary Liquidation u/s.59, a party has raised a claim 9-months after the deadline is over. The claim is genuine, and was also provisioned for in books. Being voluntary liquidation & Solvency declaration, what is Liquidator expected to do on this claim? Thanks


CIRP RP fees for the period from passing of liquidation order till handover to Liquidator
Posted By : Shrikant Madanlal Zawar | 26-10-2021, 06:39 PM

Kindly share your views on the above


Posted By : Sethurathnam Ravi | 01-10-2021, 03:17 PM

LCD date: feb 2019

Application filed with NCLT for exclusion of lockdown period

NCLT order dated 13.05.2021 says : The liquidation period is further extended by six months from today. Further the period consumed During the
lockdown period also needs to be excluded/exempte...

CIRP Committe of Creditors
Posted By : Velaga Satya Surya Sri Krishna Prasad | 21-09-2021, 05:48 PM

If there is only one FC in COC  , he is the whole and sole with regard to the decisions which require not less than 66 % of the voting share of the Finanacial creditors....

Is it right ???





CIRP Committe of Creditors
Posted By : Velaga Satya Surya Sri Krishna Prasad | 21-09-2021, 05:31 PM


Liquidation Claim under Liquidation Regulation Process
Posted By : Asha Manajit Ghoshal | 21-09-2021, 02:20 PM

As per Liquidation regulation 31, stakeholders who submit their claim and accepted by the Liquidator can form SCC. As per regulation 31A, the class of stakeholders includes shareholders / partners. Please clarify :

1. Are shareholders / partners are also expected to file their claims towards capital contribution ?

2. If claim is not filed, will they be included as member of SCC.





CIRP Committee of Creditors
Posted By : Velaga Satya Surya Sri Krishna Prasad | 20-09-2021, 08:53 PM

As per Section 21 , the CoC shall compromise all Finanacial Creditors. If there is only one Financial Cerditor for the Corporate Debtor how can a COC be formed ?. 





















Liquidation Can a CoC member (who is part of CIRP CoC) need not participate in Liquidation Process
Posted By : R Vaidyanathan | 24-08-2021, 10:13 AM

Dear All,

A unsecured Financial Creditor (say, FC Ltd) was part of the CoC. FC Ltd voted against a resolution plan submitted to the CoC. Then, all the CoC rejected the resolution plan and recommended the Liquidation. NCLT passed the Liquidation Order. 


Now, FC Ltd does not want to participate in the Liquidation Process; The underlying reasons being the cost of liquidation to be borne (by FC Ltd) would be significantly more than the final amount (expec...

CIRP claim from employees
Posted By : Asokan Nagarajan | 20-08-2021, 05:26 PM

Can a claim from employee who is in the service of the C.D be accepted?  He has not submitted from his job and therfore not relieved from the CD.     


Personal Guarantor to Corporate Debtor disclosures required at IIIP OF ICAI and IBBI
Posted By : Yatin Kumar Sumatilal Shah | 18-08-2021, 10:26 PM



Posted By : Ajay Gulati | 18-08-2021, 05:57 PM

Dear members,

Can members guide on the concept the following concepts in CIRP 8 Form

a) Insolvency Commencement should have been startted on


b) Potential Loss amount

IBBI/IIIP does not have any gudiance on the same.


Ajay Gulati






Liquidation Withdrawal after passing Liquidation order
Posted By : DHARAM KISHOR SANKHALA | 17-08-2021, 07:17 PM

I have come across a case where liquidation proceedings are on way. In this situation if promoter approaches the banks for OTS then can an application U/S.12A be filed and process be stopped if bank wish to accept the OTS ?

In that case what is the role of Liquidator and what about his fees.


CIRP Filing of FORM - CIRP 1 to CIRP 6
Posted By : VEERAPANDIAN.N | 11-08-2021, 09:21 PM

Whether the FORM CIRP 1 to 6, once submitted through online portal, can be REVISED ?

Whether the online portal has the option to submit a RVISED FORMs by IPs ?

If so, within how many days the concerned IP can submit a REVISED Form - CIRP ?

What is difference or objectives to submit FORM - CIRP 7, recently introduced ?


Pre-Pack Builder(CD) is defaulting in delivery of flats
Posted By : Kamlesh Kumar Gupta | 30-07-2021, 06:49 PM

Where a Builder is not delivering the flats and have delayed the delivery of flats by more than 10 years. Now Homebuyers through their association has recognised some new builder as RA who is willing to deliver as per the the wish of association in time bound period.

Is above case eligible for pre packed Insolvency where CD is asked to leave the company by creditors homebuyers and more than 75% of creditors are homebuyers only and  there is not any bank and FI  i...

CIRP Class within class of Real Estate Allottee
Posted By : Kamlesh Kumar Gupta | 30-07-2021, 06:39 PM

In a CIRP of of real estate company there allottee having large groups with total different intrests. There is a where construction has been completed and flats were offered three-four  years back for fitout and homebuyers are living there. only their delay compensation and registry is pending.

While flats of other group are only 40-50% completed whille more than 80% amount has been paid.

Can there be two different independent classess be there with independent AR so ...

Posted By : Ramji M. | 29-07-2021, 01:19 PM

Dear team


is there a webinar today 29 July21 or 31 July 21 on the topic- Participation  fees for Online webinar on Offi ce Infrastructure and Usage of Technology by IPs scheduled on 29th July 2021 -  If anyone got the webinar joining link, please share 


CIRP Replacement of IRP by RP
Posted By : Ravi Sankar D | 28-07-2021, 05:16 PM

Bangalore NCLT requires approval of Adjudicating Authority for appointment of RP - whether it is replacement by new RP or continuation of same RP. Once CoC approves the appointment of RP, and if the NCLT approval takes time ( under the current circumstances more than two to three months ), whether CIRP 2 should be filed or not.  In case of filing of Form G, should the same be filed in the name of Old IRP or in the name of new RP


CIRP Voting By AR for Class of Creditors
Posted By : Rajendran P R | 14-07-2021, 03:52 PM

Sub sectiin (3A) of Section 25A states "Notwithstanding anything to the contrary contained in sub-section (3), the authorised representative under sub-section (6A) of section 21 shall cast his vote on behalf of all the financial creditors he represents in accordance with the decision taken by a vote of more than fifty per cent. of the voting share of the financial creditors he represents, who have cast their vote:
Provided that for a vote to be cast in respect of an applicati...

CIRP Fee for IRP/RP during the Lockdown period
Posted By : B Ramana Kumar | 14-07-2021, 11:39 AM

Many CIRP/Liquidation processes were extended due to the lockdown and the limitation period.  I heard that many CoCs have approved the fee to the RPs during this period.  However a few CoCs mainly where PSU banks have a major vote, have denied this, and are forcing the RPs to accept the fee as per their 'empanelment norms'.

is there any instance where the fee is paid to the RPs for the extended period or any case laws to the effect?  Kindly enlighten me on thi...

Voluntary Liquidation TDS from payments after LCD
Posted By : Rakesh Maganlal Nathwani | 13-07-2021, 01:43 PM

After LCD (Liquidation Commencement Date), company (under liquidation) makes payments of professional charges to CA firm, Liquidator etc. If Company required to deduct TDS, and pay to the Government?

Since company will have only "Receipt & Payment" account, and not "Profit & Loss" account after LCD, is company required to file income-tax return, for the period from LCD till 31st March? Thanks, 


Voluntary Liquidation FINAL RPEORT
Posted By : Sethurathnam Ravi | 09-07-2021, 05:53 PM


As per Regulation 38 , the final report needs to be sent to the ROC and IBBI. 

Is is required to be sent to IPA also ??

Also in case of liquidation which email id to be used to share with the Board.


Voluntary Liquidation QUARY ON PF DUES
Posted By : Mathur Sabhapathy Viswanathan | 05-07-2021, 08:07 PM

As per the singed balance sheet here is no arrear to be paid for PF for the past 3 years. The company was closed 4 years before. After I send a intimation regarding the voluntary liquidation the PF authorities sent a claim towards interest and penalty. Actually there is no proof of the claim ,How to proceed?


Posted By : Prashant Bhatia | 18-06-2021, 03:55 PM

As per Section 53 (e) , any amount due to the Central Government and the State Government including the amount to be received on account of the Consolidated Fund of India and the Consolidated Fund of a State, if any, in respect of the whole or any part of the period of two years preceding the liquidation commencement date;

f) any remaining debts and dues;

If the sales tax dues claimed during liquidation pertain to period ...

Posted By : Gaurav Sharma | 18-06-2021, 12:07 PM


Can a statutory authority attach a property of the CD for non-payment of current dues even when the moratorium is in place and matter is pending in

SC. also they are insisting on filing claims when the liquidation application has already been filed with NCLT.

solicit your views.



CIRP Standard Engagement Letter
Posted By : Tushar Ashar | 17-06-2021, 06:28 PM


Whether any standard / draft engagement letter to be executed by IRP, RP, Liquidator and Bankruptcy Trustee prescribed by IIIP of ICAI (or) IBBI for guidance ? If yes, kindly share the same.



Liquidation Liquidation cost
Posted By : Reshma Mittal | 16-06-2021, 12:07 PM

Whether expenses incurred on security deputed at corporate debtor's factory is part of liquidation cost and needs to be reported in preliminary report? 


CIRP Bidding Process for Appointment
Posted By : SATISH KAPOOR | 12-06-2021, 07:35 PM

Respected Members, can IP take parts in EOI given in an advertisement by Bank for appointment as IP and IP quote its Fee for such appointment in EOI Form ? 


CIRP Preparing financials during CIRP period
Posted By : Ganesh Venkata Siva rama Krishna Remani | 08-06-2021, 03:33 PM

Hello Everyone,

Illustration: CIRP period 01st April 2020 to 31st March 2021. CIRP period is still continuing. Insolvency commencement date is 14 February 2020. All the charges were calculated till 13 February 2020 and were submittied by Creditors. Now RP is desirous of preparing financials for FY 20-21 (April 2020 till March 2021)

To finalize financials of CIRP period, should RP consider interest cost accrued during CIRP Period of the financial creditors. 


CIRP Compliance of filing IT Returns and Tax Audit
Posted By : Ganesh Venkata Siva rama Krishna Remani | 08-06-2021, 03:26 PM

Hello Everyone,

Currently CIRP process is going on. CIRP Commencement date is 14th February 2020. During CIRP it was realized that 2018-19 audit was also not done. Accordingly 2018-19 statutory audit was done and promoter directors have signed the financials. Further, 2019-20 transactions are to be reversed as promoter director himself admitted that there are fraudulent transactions and hence awaiting for him to finalize all the corrections to make write offs so that audit can be do...

CIRP EOI for Empanelment with IBBI
Posted By : Vivek Parti | 07-06-2021, 01:07 PM

My AFA is current and renewed until 6.12.2021. Empanlement with IBBI is up to 31.12.2021 and thus the system does not allow filing application. Kindly rectify the anomaly. Thank you.


Posted By : Suman Kumar Agarwal | 07-06-2021, 11:59 AM

My AFA Certificate is valid till 08/12/2021, so am unable to apply for EOI for IRP. How i can extended it to 31/12/2021.



Liquidation components of Cost of realization u/r 36
Posted By : Reshma Mittal | 04-06-2021, 04:08 PM

What is meant by Cost of realization under regulation 36 of IBBI ( Liquidation) Regulations 2016.

Which components forms part of Cost of Realization ?

Whether Auction documents preparation charges, drafting of Sale certificate, Auction platform charges consitute part of cost of realization ?



Liquidation Query on Liquidator Fees in case of Beneficial Liquidation
Posted By : R Venkatakrishnan | 04-06-2021, 12:56 PM

1. I am appointed as Liquidator of one of the Corporate Debtors.


2. During the liquidation period in terms of Section 35(1)(e), the business of the Corporate Debtor is being carried on by the Liquidator for its beneficial liquidation for maximization of value to the stakeholders.


3. Since the operations are being carried on for beneficial liquidations, assets of Liquidation Estate being Trade Receivables & Cash Equivalents as on the Li...

Liquidation Query on Employee claims and distribution
Posted By : R Venkatakrishnan | 04-06-2021, 12:54 PM

The Corporate Debtor is undergoing liquidation proceeding in terms of the order of the Adjudicating Authority.  The relevant details of the Corporate Insolvency Resolution Process are given hereunder:



Liquidation Treatment of Liquidation account
Posted By : Reshma Mittal | 03-06-2021, 06:04 PM

After filing application for disolution of CD u/s 33(2), How to proceed with the CD Liquidation account maintained with the bank?

Avoidence application is pending, hence if all remaining amount is distributed to stakeholders and bank account is closed, how the future legal expenses shall be paid?

Records of CD are to be kept for 8 years, If Bank account is closed , how the payment to Storage service provider shall be made?

Views of experts please


Posted By : Reshma Mittal | 01-06-2021, 12:01 PM

Land of CD is in the name of its subsidiary company. CD holds 96% shares in it and rest are with the promoters. Land is major component of valuation. Buildin , Plant & Machineries are erected/installed on it. In such condition in which manner it would be more approperiate to sold the assets of CD under liquidation



CIRP Sec 7 application wrt Security Deposit default disputed by CD
Posted By : Manoj Kumar Anand | 01-06-2021, 08:55 AM


1.       CD has given Rs 1.00 Crore as security deposit to a Company (Buyer) for rendering logistic services to them.

2.   Consequently, Company (Buyer) didn’t make payment to CD alleging deficiency in service....

Posted By : Abhay Narayan Manudhane | 31-05-2021, 08:57 PM

Regulation 4(2)(b) of IBBI (Liquidation Process) Regulations, 2016 prescribes liquidators fees in a table which specifies:

i)  % age of fees payable on amount of realization  

ii)  %age of fees payable on amount distributed to stakeholders. (this is 50% of the fees payable on amount of realization)

Whilest there is no issue on this structure, Regulation 4(3) further specifies:


Posted By : SAURABH AGARWAL | 31-05-2021, 05:44 PM

If there are no funds available with the Corporate Debtor undergoing CIRP then in that case can RP ask for contribution of CIRP Cost from Home Buyers being financial Creditors in a class.


CIRP Invoking Corporate Guarantee
Posted By : RENUKA DEVI RANGASWAMY | 31-05-2021, 03:00 PM

Dear Learned Friends,

A FC is possessed with a Corporate Guarantee from the Holding company for the finance made to WoS Co( Borrower).


Now borrower not defaulted but the Corporate Guarantor went into CIRP.


Kindly guide :

1) Whether FC can invoke CG and file a claim before Corporate Guanator?

2) If not possible for the reason original borrower not defaluted, then next queires?

    * If ...

Voluntary Liquidation
Posted By : Monika Agarwal | 31-05-2021, 02:38 PM

Liquidation Commenced in February 2021, do we need to file the financials with th ROC for the period 01.04.2020 to LCD . If yes, what will be the due date and how to file the XBRL Documents.



Personal Guarantor to Corporate Debtor Reg-4- Eligibility of resolution professional (IBBI -Insolvency Resolution Process of PG to CD)Reg-2019
Posted By : RENUKA DEVI RANGASWAMY | 31-05-2021, 02:36 PM

Dear Learned Friends,

As per the above captioned title, whether RP of CD is eligible to be appointed as the RP for Personal Guarantor also.


By careful reading of the Reg-4 (1) (c) Explanation - c, which is reproduced here:

 (c) has not acted or is not acting as interim resolution professional, resolution professional or liquidator in respect of the corporate debtor;


shall we interpret that,


Liquidation Liquidation as a Going Concern
Posted By : Darshan Bharatbhai Patel | 31-05-2021, 02:23 PM

My Query:- 1

Liquidation as a going concern - what is a yard stick ?

If a CD is not having any employee but has business presence and contacts to do profitable business but due to finanical distress it can not be revived undre CIRP - can it be revived at liquidation stage ? 


My Query:- 2 

Whether Income tax carried forward losses which are available as per IT act to the CD- will be available to a buyer in case of GCS ? Wh...

Pre-Pack Consent of FC to start the process
Posted By : Arvind Mittal | 31-05-2021, 02:12 PM

Is consent of FC is mandatory to start the process? What if, there is no FC...

CIRP Land held in director and relative partnership firm and Building in Companies Name which is again mortgage to the Bank.
Posted By : Akhilkumar Amrutlal Thakkar | 31-05-2021, 02:10 PM

What will be alternates available to Resolve the Company likewise (Invocation of Personal Guarantees etc.). Can anyone guide all the alternates in detail. 


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