# In the matter of Enviro Bulkk Handling System Pvt. Ltd. CP (IB)-1319-(MB)-2017

> NCLT judgment dated 2018-06-18. Citation: TCN-2018-NCLT-01255. The case pertains to C.P. (IB)1319(MB)/2017 filed under Section 16 of the Insolvency and…

- **Court:** NCLT
- **Order date:** 18 Jun 2018
- **Citation:** TCN-2018-NCLT-01255
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/enviro-bulkk-handling-system-pvt-ltd-cp-ib-1319-mb-2017-63ec4d59

## Summary

### Background

The case pertains to C.P. (IB)1319(MB)/2017 filed under Section 16 of the Insolvency and Bankruptcy Code, 2016. Elecon Engineering Co. Ltd is the petitioner, and Enviro Bulkk Handling System Pvt. Ltd. is the corporate debtor. The hearing held on 11.6.2018 mentioned that the Insolvency Resolution Professional needs to be appointed by the Hon'ble Bench.

## Facts

Elecon Engineering Co. Ltd filed a case against Enviro Bulkk Handling System Pvt. Ltd. under Section 16 of the Insolvency and Bankruptcy Code, 2016. A hearing was held on 2018-06-11, during which the appointment of an Insolvency Resolution Professional (IRP) was discussed. The Registry obtained consent and Form No. 2 from Mr. R.L. Mogra, a Chartered Accountant, who affirmed his eligibility to act as an IRP. The court then appointed Mr. R.L. Mogra as the IRP for Enviro Bulkk Handling System Pvt. Ltd. The IRP is directed to carry out the Corporate Insolvency Resolution Process in accordance with the applicable provisions of the Insolvency and Bankruptcy Code, 2016. The Corporate Insolvency Resolution Process shall be completed within a period of 180 days from the date of

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## Issues and analysis

### Issue 1: Whether an Insolvency Resolution Professional …

**Ratio:** The Insolvency and Bankruptcy Code, 2016 provides for the appointment of an IRP to manage

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**Reasoning:** The court considered the submissions made during the hearing and the need for an IRP to

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**Interpretation:** The appointment of an IRP is a crucial step in the Corporate Insolvency

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**Application:** Based on the submissions and the requirements of the Insolvency and Bankruptcy

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## Parties

- **Judges:** B.S.V. Prakash…; RavikumarDu…
- **Appellants:** Elecon Engineering…
- **Respondents:** Enviro Bulkk…

## Timeline

- **2017-01-01 — Case Fil…**: C.P. (IB)1319(MB)/2017 filed under Section 16 of…
- **2018-06-11 — Hearing…**: Hearing held where the appointment of an…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 16 — Appointment and tenure of interim resolution…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-16)

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