# In the matter of Envirant Constructions Private Limited

> NCLT judgment dated 2024-02-27. Citation: TCN-2024-NCLT-02358. The case pertains to an application filed under Section 22(3)a of the Insolvency and Bankruptcy…

- **Court:** NCLT
- **Order date:** 27 Feb 2024
- **Citation:** TCN-2024-NCLT-02358
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/envirant-constructions-private-limited-aa3051b0

## Summary

### Background

The case pertains to an application filed under Section 22(3)a of the Insolvency and Bankruptcy Code, 2016, seeking to record the decision of the Committee of Creditors (CoC) regarding the appointment of the Interim Resolution Professional (IRP) for the Corporate Debtor. The CoC passed a resolution in its first meeting held on 18.12.2023 to appoint Mr. Ritesh R Mahajan as the IRP with 100% voting.

## Facts

Idbi Trusteeship Services Limited filed an application related to the insolvency of Envirant Constructions Private Limited. The application, IA-696(MB)2024, was filed under Section 22(3)a of the Insolvency and Bankruptcy Code, 2016, seeking to record the decision of the Committee of Creditors (CoC) to appoint Mr. Ritesh R Mahajan as the Interim Resolution Professional (IRP). In the first CoC meeting held on December 18, 2023, the CoC passed a resolution with 100% voting to appoint Mr. Ritesh R Mahajan as the IRP. Mr. Aditya Dubey, counsel for the applicant, appeared through video conference. No one was present for the respondent.

## Issues and analysis

### Issue 1: Whether the decision of the Committee of Creditors (CoC) to appoint Mr. Ritesh R Mahajan as the …

**Ratio:** The ratio is that the decision of the CoC, when properly made and in compliance with the

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**Reasoning:** The court reasoned that the CoC had passed a resolution with 100% voting to appoint Mr.

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**Interpretation:** Section 22(3)a of the Insolvency and Bankruptcy Code, 2016, is interpreted to

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**Application:** In this case, the CoC's decision to appoint Mr. Ritesh R Mahajan as the IRP was

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## Parties

- **Judges:** Anu Jagmoha…; KISHORE VEMULAPALL…
- **Appellants:** IDBI Trusteeship…
- **Respondents:** Envirant Construct…

## Timeline

- **2023-12-18 — CoC Meet…**: The first Committee of Creditors (CoC) meeting was held, and a resolution was passed to…
- **2024-02-27 — Order Sheet of…**: The court heard the application IA-696/2024 and allowed it, effectively recording 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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