# In the matter of Greesha Laboratories Pvt. Ltd. IA (IBC) 507-2022 in Company Petition IB-197-2021]

> Read the full IBC case summary for In the matter of Greesha Laboratories Pvt. Ltd. IA (IBC) 507-2022 in Company Petition IB-197-2021]. NCLT judgment dated…

- **Court:** NCLT
- **Order date:** 10 Jul 2023
- **Citation:** TCN-2023-NCLT-05349
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/greesha-laboratories-pvt-ltd-ia-ibc-507-2022-in-company-petition-ib-197-2021-a88b8a29

## Summary

### Background

The Resolution Professional failed to serve notice to TSIIC, which was identified as a necessary party to the application after the bifurcation of the state of AP and the formation of Telangana State, placing the disputed plot under TSIIC's jurisdiction.

## Facts

The National Company Law Tribunal (NCLT), Hyderabad Bench-1, issued an order on July 10, 2023, in IA (IBC) 507/2022 in Company Petition IB/197/2021, filed under section 10 of the IBC, 2016. The order noted that the Tribunal, on September 19, 2022, had directed the Resolution Professional to serve notice to TSIIC within a week via registered post acknowledgment due, and ordered TSIIC to file a counter by the next hearing date, October 28, 2022. However, the Resolution Professional failed to provide proof of service of notice to TSIIC.

## Issues and analysis

### Issue 1: Whether the application is maintainable…

**Ratio:** An application is not maintainable if a necessary and proper party for its adjudication…

**Reasoning:** The plot in dispute was initially allotted by APIIC to the corporate debtor. Following…

**Interpretation:** The court interpreted the facts to mean that TSIIC, having jurisdiction over…

**Application:** Since TSIIC was not made a party to the application, despite APIIC's counter…

## Parties

- **Judges:** Venkata Ramakrishn…; SH. CHARAN…

## Timeline

- **September 19, 2022 — Direction to serve…**: The Tribunal directed the Resolution Professional to serve notice to TSIIC within a week…
- **October 28, 2022 — Next hearin…**: The matter was posted for hearing, by which…

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