# In the matter of Envirant Developers Private Limited

> NCLT judgment dated 2024-07-16. Citation: TCN-2024-NCLT-00990. The case involves IA/4447/2023 and IA/3288/2023 in C.P. (IB)/283(MB)2023 before the National…

- **Court:** NCLT
- **Order date:** 16 Jul 2024
- **Citation:** TCN-2024-NCLT-00990
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/envirant-developers-private-limited-ab08c146

## Summary

### Background

The case involves IA/4447/2023 and IA/3288/2023 in C.P. (IB)/283(MB)2023 before the National Company Law Tribunal, Mumbai Bench. Vistra Itcl (India) Limited is the petitioner, and Envirant Developers Private Limited is the respondent. The case is under Section 7 of the Insolvency and Bankruptcy Code, 2016.

## Facts

Vistra Itcl (India) Limited initiated proceedings against Envirant Developers Private Limited under Section 7 of the Insolvency and Bankruptcy Code, 2016. The case involves two Interlocutory Applications, IA/4447/2023 and IA/3288/2023. In IA/4447/2023, the respondents No. 1, 3, and 4 did not appear despite being served, leading the tribunal to proceed ex-parte against them. The matter was adjourned for arguments. In IA/3288/2023, it was brought to the tribunal's attention that an order dated 2024-04-29, directing IBBI to initiate proceedings against the respondents, had not been forwarded to IBBI for compliance. This oversight was addressed by directing the registry to forward the order immediately. The key facts highlight procedural lapses and the tribunal's efforts

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## Issues and analysis

### Issue 1: Whether the tribunal can proceed ex-parte against respondents who have been served but are not …

**Ratio:** When a respondent is duly served but fails to appear, the court or tribunal has the

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**Reasoning:** The tribunal noted that Respondent No. 1, 3, and 4 were served but did not appear. To

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**Interpretation:** The principle of proceeding ex-parte is interpreted as a measure to maintain

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**Application:** Given that the respondents were served but did not appear, the tribunal applied

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## Parties

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

## Timeline

- **2024-04-29 — Previous…**: IBBI was directed to initiate appropriate…
- **2024-07-16 — Order Del…**: Order was delivered in…

## 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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