# In the matter of Earth Infrastructure Limited CA No. 148 & 495-2019 in IB-401 -ND-2017

> NCLT judgment dated 2019-08-05. Citation: TCN-2019-NCLT-02100. The case involves an application under Section 7 of the Insolvency and Bankruptcy Code (IBC),…

- **Court:** NCLT
- **Order date:** 5 Aug 2019
- **Citation:** TCN-2019-NCLT-02100
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/earth-infrastructure-limited-ca-no-148-495-2019-in-ib-401-nd-2017-68b156d6

## Summary

### Background

The case involves an application under Section 7 of the Insolvency and Bankruptcy Code (IBC), 2016. Several applications (CA No.495/2019, 148/2019, 17/C-III/ND/2019, 19/C-III/ND/2019, 417/C-III/ND/2019, 325/C-III/ND/2019, 435/C-III/ND/2019, 495/C-III/ND/2019) are being heard. The Resolution Professional (RP) is involved, and various issues related to document filings, service to respondents, and extension of time for submitting the resolution plan are being addressed.

## Facts

Mr. Deepak Khanna filed a petition against Earth Infrastructure Limited under Section 7 of the IBC, 2016. Several applications (CA No.495/2019, 148/2019, 17/C-III/ND/2019, 19/C-III/ND/2019, 417/C-III/ND/2019, 325/C-III/ND/2019, 435/C-III/ND/2019, 495/C-III/ND/2019) were filed in connection with the case. The Resolution Professional (RP) is involved. The RP's counsel stated that relevant documents were supplied recently, requiring time to review. The court noted that some filings were not available and directed the RP to coordinate with the Registry. The court also examined the service of notices to the respondents, finding it unclear whether service was done through post or email. An application for extension of time to submit the resolution plan was filed, and a

…

## Issues and analysis

### Issue 1: Whether the Resolution Professional (RP) has adequately ensured that all relevant documents are …

**Ratio:** The principle of procedural compliance requires that all necessary documents are properly

…

**Reasoning:** The court observed that certain filings were not available, hindering the progress of the

…

**Interpretation:** The court interpreted the procedural requirements to mean that the RP has a

…

**Application:** The court directed the RP to coordinate with the Registry to ensure that the

…

## Parties

- **Judges:** Sh.R. Varad…; K.K. V…
- **Appellants:** Deepak K…
- **Respondents:** Earth Infrastructu…

## Timeline

- **2019-07-17 — Filing of Amen…**: Amended Memo impleading…
- **2019-08-02 — Affidavit of Service…**: An affidavit of service was filed, but…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 7 — Initiation of corporate insolvency resolution…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-7)

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclt-chandigarh/earth-infrastructure-limited-ca-no-148-495-2019-in-ib-401-nd-2017-68b156d6