---
title: "Corporate Debtor’s Liquidation Upheld: NCLAT Rejects Suspended Director’s Last-Minute Settlement Offer"
date: 2025-09-17
author: "Shrishail Kittad"
url: https://www.indialaw.in/blog/insolvency-bankruptcy/nclat-upholds-e-c-bose-liquidation-rejects-settlement/
---

# Corporate Debtor’s Liquidation Upheld: NCLAT Rejects Suspended Director’s Last-Minute Settlement Offer

Posted On - 17 September, 2025 •

By - [Shrishail Kittad](https://www.indialaw.in/people/adv-shrishail-kittad/ "Posts by Shrishail Kittad") and [Rahul Sundaram](https://www.indialaw.in/people/rahul-sundaram/ "Posts by Rahul Sundaram")

[![bankruptcy, insolvency, insolvent, economic collapse, illiquidity, fiasco, failure, defeat, business task, collapse, bust, bankruptcy, bankruptcy, bankruptcy, bankruptcy, bankruptcy, insolvency, insolvency, insolvency, insolvency, insolvent](https://www.indialaw.in/wp-content/uploads/1156329.jpg)](https://www.indialaw.in/wp-content/uploads/1156329.jpg)

In a recent decision, the National Company Law Appellate Tribunal (NCLAT) upheld the order of the National Company Law Tribunal (NCLT) directing the liquidation of E.C. Bose & Company Pvt. Ltd., a corporate debtor undergoing insolvency proceedings.

The case, E.C. Bose & Company Pvt. Ltd. v. Deborshi Sadhan Bose (Company Appeal (AT) (Ins.) No.162 of 2025), involved an appeal filed by Deborshi Sadhan Bose, the suspended director of the corporate debtor, against the NCLT’s order initiating the liquidation of the company.

The corporate insolvency resolution process (CIRP) against E.C. Bose & Company Pvt. Ltd. was initiated. The 330-day CIRP period expired in December 2024 without any resolution plan being approved. Consequently, the Resolution Professional (RP) filed an application under Section 33(1) of the Insolvency and Bankruptcy Code (IBC) seeking the initiation of liquidation proceedings.

The NCLT allowed the RP’s application and directed the company to be liquidated. Aggrieved by this decision, the appellant, Deborshi Sadhan Bose, who is the suspended director of the corporate debtor, filed an appeal before the NCLAT.

Before the NCLAT, the appellant argued that he had received a higher offer of ₹8 crore from an investor to settle the dues, and he had filed an application seeking direction to the NCLT to consider this offer. However, the respondents, including the RP and other creditors, contended that the appellant’s offer was made much after the Committee of Creditors (CoC) had already decided to go into liquidation, and the 330-day CIRP period had already expired.

The NCLAT, in its analysis, noted that the 330-day CIRP period had indeed expired in December 2024 without any resolution plan being approved, and the CoC had decided to proceed with the liquidation of the corporate debtor in February 2025. The NCLAT observed that the appellant’s offer was made much later, after the CoC’s decision, and he was not a resolution applicant during the CIRP.

The NCLAT distinguished the present case from its previous judgments relied upon by the appellant, as those cases involved higher offers from resolution applicants during the CIRP period or a settlement proposal under Section 12A of the IBC. The NCLAT held that in the absence of any error in the NCLT’s order directing liquidation after the expiry of the 330-day CIRP period without any resolution plan being approved, the NCLAT could not interfere with the NCLT’s decision.

Consequently, the NCLAT dismissed the appeal and upheld the NCLT’s order directing the liquidation of the corporate debtor, E.C. Bose & Company Pvt. Ltd.

This judgment highlights the strict adherence to the timelines prescribed under the IBC and the limited scope for considering late settlement offers, even if they appear to be more lucrative than the liquidation value. The NCLAT’s reasoning highlights the importance of resolving insolvency cases within the specified timeframes to ensure the efficient and timely resolution of corporate distress.

For further details write to [contact@indialaw.in](mailto:contact@indialaw.in)

Disclaimer - This article is intended for general informational purposes and does not constitute legal advice. Readers should seek specific legal counsel in relation to their individual circumstances.

[Download PDF](https://www.indialaw.in/blog/insolvency-bankruptcy/nclat-upholds-e-c-bose-liquidation-rejects-settlement//pdf/)

[Insolvency & Bankruptcy](https://www.indialaw.in/expertise/insolvency-and-bankruptcy-laws/)

---

# IndiaLaw LLP — Offices & Contact Details

---

## General Contact

| | |
|---|---|
| **Website** | https://www.indialaw.in |
| **Primary email** | contact@indialaw.in |
| **Primary phone** | +91 836-9995919 |
| **Contact form** | https://www.indialaw.in/connect/ |
| **Careers (separate channel)** | https://www.indialaw.in/careers/ |


---

## All Offices (9 locations across 8 cities)

### 1. Mumbai — Registered Office & Head Office (Apeejay Chambers)

| | |
|---|---|
| **Address** | Apeejay Chambers, Ground Floor, Wallace Street, Fort, Mumbai – 400 001 |
| **Phone** | [022-6924-7400](tel:02269247400) |
| **Email** | contact@indialaw.in |
| **Page** | https://www.indialaw.in/mumbai/ |
| **Practice focus** | Litigation · Arbitration · Insolvency & Bankruptcy · Corporate · Banking · Real Estate · IP |
| **Notes** | The HQ. 5 partners based here. Handles PAN-India litigation, arbitration, corporate, banking, IP and real estate practice. Largest team across all offices. |

### 2. Mumbai — Non-Litigation Office (Excelsior, Fort)

| | |
|---|---|
| **Address** | 4th Floor, New Excelsior Theatre Pvt. Ltd., Amrit Keshav Nayak Marg, Fort, Mumbai – 400 001 |
| **Phone** | [022-697-40500](tel:022-697-40500) |
| **Email** | contact@indialaw.in |
| **Page** | https://www.indialaw.in/mumbai/ |
| **Practice focus** | Non-litigation only — consultations, negotiations, transactional work |
| **Notes** | Opened 2024. Litigation and arbitration remain at the Apeejay Chambers head office. |

### 3. Delhi

| | |
|---|---|
| **Address** | Flat No. 1107 & 1108, Prakashdeep Building, Tolstoy Marg, Connaught Place, New Delhi – 110 001 |
| **Phone** | (general line: +91 836-9995919) |
| **Email** | contact@indialaw.in |
| **Page** | https://www.indialaw.in/delhi/ |
| **Practice focus** | Litigation · Arbitration · Insolvency & Bankruptcy · Corporate · Banking · Real Estate |
| **Notes** | 3 partners based here. Located near the Supreme Court of India, Delhi High Court and other appellate bodies. |

### 4. Kolkata

| | |
|---|---|
| **Address** | Centre Point Building, Room No. 214, 2nd Floor, Premises No. 21, Hemanta Basu Sarani, Opp. Great Eastern Hotel, P.S. Hare Street, Kolkata – 700 001, West Bengal |
| **Phone** | [+91 33 4813 1001](tel:+913348131001) |
| **Email** | contact@indialaw.in |
| **Page** | https://www.indialaw.in/kolkata/ |
| **Practice focus** | Insolvency & Bankruptcy · Commercial & Civil Litigation · Arbitration · Banking Litigation · Real Estate · Labour & Employment · Consumer |
| **Notes** | Advises banks, NBFCs, MSMEs and corporates on transactions and dispute resolution. Works in close coordination with the Mumbai HO. |

### 5. Chennai

| | |
|---|---|
| **Address** | GF-A, 19 Casa Major Road, Egmore, Chennai – 600 008 |
| **Phone** | (general line: +91 836-9995919) |
| **Email** | contact@indialaw.in |
| **Page** | https://www.indialaw.in/chennai/ |
| **Practice focus** | Litigation · Insolvency & Bankruptcy · Real Estate |
| **Notes** | Full-fledged office with experienced legal team. Supported by Mumbai HO. |

### 6. Bengaluru (Bangalore)

| | |
|---|---|
| **Address** | INDIALAW LLP, No. 7 Chinnaswamy Mudaliar Road, Shivaji Nagar, Bangalore – 560 051 |
| **Phone** | [080-4167-2444](tel:08041672444) |
| **Email** | contact@indialaw.in |
| **Page** | https://www.indialaw.in/bengaluru/ |
| **Practice focus** | Litigation · Insolvency & Bankruptcy · Real Estate · Family Laws · Labour |
| **Notes** | Located near Bangalore High Court. Handles corporate, commercial, banking and matrimonial disputes. |

### 7. Hyderabad

| | |
|---|---|
| **Address** | 403, 4th Floor, Sanatana Ecstasy Building, beside Tanishq Show Room, Himayathnagar, Hyderabad – 500 029, Telangana |
| **Phone** | [040-6666-5166](tel:04066665166) |
| **Email** | contact@indialaw.in |
| **Page** | https://www.indialaw.in/hyderabad/ |
| **Practice focus** | Litigation · Banking · Insolvency & Bankruptcy · Real Estate |
| **Notes** | Particularly well known for complex banking matters and real estate transactions. |

### 8. Cochin (Kochi)

| | |
|---|---|
| **Address** | Second Floor, Pulikkal Building, K.K. Padmanabhan Road, Ernakulam North – 682 018, Kerala |
| **Phone** | [0484-3583961](tel:04843583961) |
| **Email** | contact@indialaw.in |
| **Page** | https://www.indialaw.in/cochin/ |
| **Practice focus** | Litigation · Insolvency & Bankruptcy · Real Estate |
| **Notes** | Commercial disputes, property litigation, financial-claim arbitrations and real estate transactions. |

### 9. Noida (NCR)

| | |
|---|---|
| **Address** | No. 16 & 17, Silver Offices, 17th Floor, Wave One, Sector 18, Noida – 201 301 |
| **Phone** | (general line: +91 836-9995919) |
| **Email** | contact@indialaw.in |
| **Page** | https://www.indialaw.in/noida/ |
| **Practice focus** | Aviation · Insurance · Mergers & Acquisitions · Corporate |
| **Office head** | **Mr. Dinesh Gupta** (joined August 2025 to lead and expand the corporate practice) |
| **Notes** | Newest office. Sector-focused on highly regulated industries serving NCR-based clients. |

---

## Quick-Dial Phone List

| Office | Phone |
|---|---|
| Mumbai HO (Apeejay) | 022-6924-7400 |
| Mumbai Excelsior | 022-697-40500 |
| Kolkata | +91 33 4813 1001 |
| Bengaluru | 080-4167-2444 |
| Hyderabad | 040-6666-5166 |
| Cochin | 0484-3583961 |
| **General / Marketing line** | **+91 836-9995919** |

Delhi, Chennai and Noida route through the general number.

---

## Social Channels

- LinkedIn: https://www.linkedin.com/company/indialaw
- X / Twitter: https://twitter.com/Indialawmumbai
- Facebook: https://www.facebook.com/indialawllp/
- Instagram: https://www.instagram.com/indialawllp

---