# In the matter of Shivkala Developers Pvt. Ltd. CA-734 & 800-C-II-ND-2018 & IA-1131,1132,2672 & 2773-2021 in (IB)-525(ND)2017

> NCLT judgment dated 2021-08-04. Citation: TCN-2021-NCLT-01460. The case involves multiple IAs (Interlocutory Applications) and CAs (Company Applications)…

- **Court:** NCLT
- **Order date:** 4 Aug 2021
- **Citation:** TCN-2021-NCLT-01460
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/shivkala-developers-pvt-ltd-ca-734-800-c-ii-nd-2018-ia-113111322672-2773-2021-in-767e2337

## Summary

### Background

The case involves multiple IAs (Interlocutory Applications) and CAs (Company Applications) filed in the matter of Noble Co-operative Bank Ltd. versus Shivkala Developers Pvt. Ltd. under Section 7 of the IBC, 2016. The applications include IA-1132/2021, IA/1131/2021, IA-2672/2021, CA734/C-II/ND/2018, CA-800/C-II/ND/2018, and IA-2773/2021. The court is addressing issues related to the resolution plan, service of notices, and compliance with court directions.

## Facts

Noble Co-operative Bank Ltd. initiated proceedings against Shivkala Developers Pvt. Ltd. under Section 7 of the IBC, 2016. Several IAs and CAs are pending before the NCLT. IA-1132/2021 was wrongly listed as it had already been disposed of. The RP's Counsel accepted the notice for IA-1131/2021 but claimed not to have received a copy of the application. The Resolution Applicant in CA-734/2018 failed to deposit the performance guarantee. The Resolution Applicant has been added as a party in the present CA, and notice has been served. The Applicant in CA-800/2018 and IA-2773/2021 has raised objections to the Resolution Plan. The Applicant admits to not submitting documents regarding correspondence with the Corporate Debtor.

## Issues and analysis

### Issue 1: Whether IA-1132/2021 was …

**Ratio:** An application that has already been

…

**Reasoning:** The Ld. Counsel appearing for the RP submitted that IA-1132/2021 had already been

…

**Interpretation:** This clarifies the procedure for listing cases and ensures that matters already

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**Application:** The court acknowledged that IA-1132/2021 was wrongly listed and presumably

…

## Parties

- **Judges:** SHRI. ABNI RANJAN…; L. N. G…
- **Appellants:** Noble Co-operative…
- **Respondents:** Shivkala Developer…

## Timeline

- **2021-03-03 — Disposal of IA-…**: IA-1132/2021 was…
- **2021-03-18 — Affidavit of service…**: Affidavit of service was filed on 18th March, 2021, but none appeared on behalf of the…

## 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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