# in the matter of Green Garden CP-709-IB-2018

> NCLT judgment dated 2019-04-11. Citation: TCN-2019-NCLT-03958. The case involves CP/709/IB/2018 before the National Company Law Tribunal (NCLT), Chennai…

- **Court:** NCLT
- **Order date:** 11 Apr 2019
- **Citation:** TCN-2019-NCLT-03958
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/green-garden-cp-709-ib-2018-58313871

## Summary

### Background

The case involves CP/709/IB/2018 before the National Company Law Tribunal (NCLT), Chennai Bench. The applicant's counsel is present along with the Resolution Professional. Counsels representing R.1 and R.2 are present. There is no representation for R.3 (Police), but counsel for R.4 (CoC) is present. The Resolution Professional's counsel submitted that an order dated March 15, 2019, directed the police officer not to take action against the resolution professional regarding complaint CSR No.154/2019 dated 08.03.2019.

## Facts

The case CP/709/IB/2018 is being heard at the NCLT Chennai bench. Sripriya Kumar (Green Garden Pvt Ltd) is the petitioner, and JDA Consultancy Services Pvt Ltd is the respondent. The Resolution Professional is present along with the applicant's counsel. Counsels representing respondents R.1 and R.2 are present, while there is no representation for R.3 (Police). Counsel for R.4 (CoC) is present. The Resolution Professional's counsel stated that an order dated March 15, 2019, directed the police officer not to take action against the resolution professional regarding complaint CSR No.154/2019 dated 08.03.2019. However, the police officer is still interfering with the RP's duties. The court has directed the Registry to issue a notice to the SHO concerned, requiring their

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## Issues and analysis

### Issue 1: Whether the police officer's continued interference with the Resolution Professional's duties …

**Ratio:** The NCLT has the authority to ensure the smooth functioning of the insolvency resolution

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**Reasoning:** The court reasoned that the police officer's actions were hindering the Resolution

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**Interpretation:** The interpretation of the IBC emphasizes the importance of protecting

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**Application:** In this specific case, the court applied the principle that the NCLT has the

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## Parties

- **Judges:** CH. MOHD SHARIEF…; S. VIJAYARA…
- **Appellants:** SRIPRIYA KUMAR…
- **Respondents:** JDA CONSULTANCY…

## Timeline

- **2019-03-15 — Previous…**: Bench issued an order directing the police officer concerned not to take any action…
- **2019-03-08 — Complaint…**: Complaint CSR…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 60(5) — Adjudicating Authority for corporate persons](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-60)

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