# In the matter of Meghalaya Infratech Ltd. CP(IB)-13-GB-2019

> NCLT judgment dated 2019-06-13. Citation: TCN-2019-NCLT-02925. The case involves an application under Section 7 of the Insolvency and Bankruptcy Code, 2016,…

- **Court:** NCLT
- **Order date:** 13 Jun 2019
- **Citation:** TCN-2019-NCLT-02925
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/meghalaya-infratech-ltd-cpib-13-gb-2019-a722eee2

## Summary

### Background

The case involves an application under Section 7 of the Insolvency and Bankruptcy Code, 2016, filed by Allahabad Bank (Financial Creditor) against M/s Meghalaya Infratech. Ltd. (Corporate Debtor). The Corporate Debtor's counsel filed a Vakalatnama, which was not supported by a Board Resolution. The Corporate Debtor also claimed that the copy of the application submitted to them was illegible.

## Facts

Allahabad Bank, the Financial Creditor, filed an application under Section 7 of the Insolvency and Bankruptcy Code, 2016 against M/s Meghalaya Infratech. Ltd., the Corporate Debtor. The Corporate Debtor's counsel filed a Vakalatnama, but it lacked a supporting Board Resolution. The Corporate Debtor claimed the application copy was illegible. The Financial Creditor's counsel agreed to provide a legible copy. The court addressed these procedural issues to ensure a fair hearing.

## Issues and analysis

### Issue 1: Whether the Vakalatnama filed on behalf of the Corporate Debtor is valid without a supporting Board …

**Ratio:** A Vakalatnama must be supported by a Board Resolution to demonstrate the authority of the

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**Reasoning:** The court found that the Vakalatnama filed by the Corporate Debtor's counsel was not

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**Interpretation:** The interpretation is that a Board Resolution is a necessary document to

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**Application:** The court directed the Corporate Debtor to submit a Board Resolution within one

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## Parties

- **Judges:** Jinan…
- **Appellants:** Allahabad…
- **Respondents:** M/s Meghalaya…

## Timeline

- **2019-06-13 — Order Da…**: Order issued directing submission of Board…
- **N/A — Direction to Submit…**: Corporate Debtor directed to submit…

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