1. Sanjeev Bindal Liquidator of Radhey Sham Tandon Manufacturing Pvt. Ltd. A531, Shastri Nagar, Delhi 110 052 Email: [email protected] 2. Committee of Creditors of Radhey Sham Tandon Manufacturing Pvt. Ltd. Through: Punjab National Bank (Earlier Oriental Bank of Commerce) Plot No.4, Section 10, Dwarka, New Delhi 110075 Email: [email protected] ...Respondents Present: For Appellant: Mr. Pulkit Deora, Advocate. For Respondents: Mr. Sanjeev Bindal, Liquidator Mr. Aakash Dahiya, Advocate. JUDGMENT ASHOK BHUSHAN, J. This Appeal has been filed against the order dated 26.08.2021 passed by the Adjudicating Authority (National Company Law Tribunal), Cont'd.../ 2 Principal Bench, New Delhi allowing I.A. No. 5087 of 2020 filed by the Resolution Professional under Section 33(2) of the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as 'I&B Code') directing for liquidation of the Corporate Debtor 'M/s Radhey Sham Tandon Manufacturing Pvt. Ltd.'. The Suspended Director of the Corporate Debtor aggrieved by the order has come up in this Appeal. The brief facts of the case necessary to be noticed for deciding this Appeal are: (i) An Application under Section 7 filed by the Small Industries Development Bank of India against the Corporate Debtor was admitted vide order dated 10.10.2019 passed by the Adjudicating Authority. The Respondent No.1 was appointed as Resolution Professional in the second meeting of the Committee of Creditors (CoC). (ii) The 5th meeting of the Committee of Creditors was held on 24.02.2020. Item No. 4 in the meeting was to take note of provisions of liquidation of Corporate Debtor 'M/s Radhey Sham Tandon Manufacturing Pvt. Ltd.', on which it was agreed by the members of the CoC that since the operation of Corporate Debtor is not being carried on for more than one year, the Corporate Debtor be liquidated. The Resolution Professional was authorised to do all such things as were required to liquidate the Corporate Debtor. Company Appeal (AT) (Insolvency) No. 13 of 2022 3 (iii) In the 6th CoC meeting held on 23.07.2020 the present Appellant was present. In the 6th CoC meeting one of the Agenda Item No. 12 was to take approval of the CoC to file an application for liquidation of Corporate Debtor. The Resolution Professional in the said meeting informed the CoC that the Resolution Plan from Mr. Nikhil Tandon, Suspended Director has been received, which however, was not considered by the CoC because it was not in accordance with Section 30 of the Code. The Appellant pleaded before the CoC that the Corporate Debtor is an MSME and he has right to be heard. The CoC and the Resolution Professional advised the Appellant to submit a Resolution Plan by August 14, 2020. (iv) After the 6th CoC meeting, 7th meeting of CoC held on 27.08.2020 where earlier minutes of the CoC were approved. Agenda Item No. 6 was to discuss the Resolution Plan submitted by Mr. Nikhil Tandon, Suspended Director of the Corporate Debtor. In the said item plan submitted by the Appellant was discussed. The Appellant informed that requisite information memorandum be provided to enable him to submit the Resolution Plan as per law. With regard to registration of Corporate Debtor as MSME it was noticed that acknowledgment of application to the District Industries Centre has been filed but if the unit is closed for more than six months, the Entrepreneurs Memorandum shall be liable to be cancelled. One of the Company Appeal (AT) (Insolvency) No. 13 of 2022 4 Financial Creditors informed that the R