Agastu Industries Limited, a medium sized company had been facing financial difficulties for the past few years due to poor management and an inability to cope with its increasing operational costs. Also the company's fu
CS Professional · Corporate Restructuring, Valuation and Insolvency · PYQS · June 2025
Agastu Industries Limited, a medium sized company had been facing financial difficulties for the past few years due to poor management and an inability to cope with its increasing operational costs. Also the company's funds were being used for personal expenses of the directors like purchase of high end vehicles and other non-business related expenditures. These actions led to a significant depletion of company's cash reserves. The company had to finally face a liquidation order from NCLT. The NCLT appointed Mr. Jayant Nanda as liquidator to wind up the company and liquidate its assets. However, it came to the light that Mr. Jayant Nanda had prior business relationship with one of the major creditors PQR Corporation and he is giving preferential treatment to PQR Corporation by prioritizing its claims over those of other creditors and possibly negotiating assets sales at lower prices to benefit PQR Corporation. A group of creditors filed a petition in the Hon'ble Delhi High Court for removal of Mr. Jayant Nanda as the liquidator accusing him of conflict of interest. Discuss the validity of the petition in the light of the provisions of the Companies Act, 2013.
Answer & Explanation:
Section 276 of the Companies Act, 2013 lays down that in case, the NCLT may remove the provisional liquidator or the Company liquidator, on any of the following grounds: Misconduct Fraud or misfeasance Professional Incompetence for failure to exercise due care and diligence in performance of the powers and functions Inability to act as provisional liquidator as the case maybe company liquidator Conflict of interest or lack of independence during the term of his appointment that would justify removal. In the present case, the petition may be filed before the NCLT and not before the Hon'ble High Court as the same is within the powers of NCLT. The NCLT, for reasons to be recorded in writing, may remove the Mr. Jayant Nanda, the Company liquidator, if found guilty of giving preferential treatment to PQR Corporation by prioritizing its claims over those of other creditors and possibly negotiating assets sales at lower prices to benefit PQR Corporation.
Topics: Insolvency
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