# In the matter of Envirant Developers Private Limited

> NCLT judgment dated 2024-04-29. Citation: TCN-2024-NCLT-01534. The case involves Vistra Itcl (India) Limited versus Envirant Developers Private Limited under…

- **Court:** NCLT
- **Order date:** 29 Apr 2024
- **Citation:** TCN-2024-NCLT-01534
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/envirant-developers-private-limited-86fd2c05

## Summary

### Background

The case involves Vistra Itcl (India) Limited versus Envirant Developers Private Limited under Section 7 of the Insolvency & Bankruptcy Code, 2016. Several IAs (Interlocutory Applications) are being heard, including IA/4447/2023, IA/3288/2023, IA/301/2024, and IA(PLAN)/6/2024. The RP (Resolution Professional) has filed IA/3288/2023 against the suspended directors for non-cooperation. The plan has already been approved by the COC and is listed for approval before the Tribunal.

## Facts

Vistra Itcl (India) Limited initiated a case against Envirant Developers Private Limited under Section 7 of the Insolvency & Bankruptcy Code, 2016. Several IAs are being heard concurrently. Respondents No. 2 to 4 did not appear despite service, leading to ex-parte proceedings against them. The RP filed IA/3288/2023 against suspended directors for non-cooperation. The COC has already approved the resolution plan. The suspended directors, namely Jayant Vallabhdas Kaneria, Dhirajlal Gordhandas Hansalia & Mohan Pandurang Kalate, are allegedly not cooperating. The court directed the IBBI to initiate appropriate action against these respondents. Respondents No. 6 & 7 have filed their reply in IA 301/2024, while Respondents No. 1 and 5 were granted time to file

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## Issues and analysis

### Issue 1: Whether the respondents who have not appeared despite …

**Ratio:** When a party is duly served and fails to appear, the court may proceed ex-parte,

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**Reasoning:** The court reasoned that despite being served, Respondents No. 2 to 4 did not appear. This

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**Interpretation:** This interpretation reinforces the principle that parties must actively

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**Application:** The ratio was applied to Respondents No. 2 to 4, who were served but did not

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## Parties

- **Judges:** Reeta K…; Madhu S…
- **Appellants:** Vistra ITCL…
- **Respondents:** Envirant Developer…

## Timeline

- **2024-04-29 — Order Del…**: Order delivered on…
- **2024-05-09 — Adjournment of IA…**: IA 301/2024 adjourned…

## 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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