# In the matter of Envirant Constructions Private Limited

> NCLT judgment dated 2024-02-27. Citation: TCN-2024-NCLT-02367. 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-02367
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/envirant-constructions-private-limited-adcc3477

## 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 had passed a resolution in its 1st meeting held on 18.12.2023 to appoint Mr. Ritesh R Mahajan as the IRP with 100% voting.

## Facts

The Applicant/RP filed an application under Section 22(3)a of the Insolvency and Bankruptcy Code, 2016, to record the decision of the CoC to appoint Mr. Ritesh R Mahajan as the Interim Resolution Professional (IRP) for the Corporate Debtor. In the 1st CoC meeting held on 2023-12-18, the CoC passed a resolution to appoint Mr. Ritesh R Mahajan as the IRP with 100% voting. Mr. Aditya Dubey, the counsel for the applicant, was present. No one was present for the respondent. The application is IA-696/2024.

## Issues and analysis

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

**Ratio:** The legal principle applied is that the decision of the CoC regarding the appointment of

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

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

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**Application:** The ratio and reasoning were applied to the specific facts of the case, where

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## Parties

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

## Timeline

- **2023-12-18 — 1st CoC M…**: The Committee of Creditors (CoC) passed a resolution to appoint Mr. Ritesh R Mahajan as…
- **2024-02-27 — Order Sheet of…**: The court heard the application IA-696/2024 and allowed it, thereby recording the CoC's…

## 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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