# 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-02107. The case pertains to IB-401/ND/2017, involving CA No.495/2019 and 148/2019, filed under Section…

- **Court:** NCLT
- **Order date:** 5 Aug 2019
- **Citation:** TCN-2019-NCLT-02107
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/earth-infrastructure-limited-ca-no-148-495-2019-in-ib-401-nd-2017-9a5856db

## Summary

### Background

The case pertains to IB-401/ND/2017, involving CA No.495/2019 and 148/2019, filed under Section 7 of the IBC, 2016. The applicant seeks consideration for extension of time for submission of the resolution plan. The Resolution Professional (RP) represents that a meeting was scheduled for August 7, 2019, to consider the extension, but it could not be convened due to the absence of the Authorized Representative. The meeting is now proposed for August 7, 2019.

## Facts

Mr. Deepak Khanna filed a case against Earth Infrastructure Limited under Section 7 of the IBC, 2016. Several applications (CA Nos. 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, and 495/C-III/ND/2019) were filed in the matter. The Resolution Professional (RP) was directed to ensure filings were on record and to provide clarity on the service of respondents. An application for extension of time for submission of the resolution plan was considered, and a meeting was scheduled for August 7, 2019, but could not be convened due to the absence of the Authorized Representative. The court took the RP's statement on record and closed the application, deferring the decision on the extension to the Committee of Creditors (COC).

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## Issues and analysis

### Issue 1: Whether the Resolution Professional (RP) has adequately ensured that all necessary filings are on …

**Ratio:** The principle of ensuring proper documentation and record-keeping is fundamental to legal

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**Reasoning:** The court observed that certain filings were not available on record despite being filed.

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**Interpretation:** The court interprets the RP's duty to include ensuring that all filings are

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**Application:** The court directed the RP to coordinate with the Registry to bring the filings

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## 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)

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