# In the matter of Gupta Infrastructure (India) Pvt. Ltd. IA 2078-2019, IA 1704,1710,1711,1737,1764,1770,1805,2156,2216 & IA 2391-2021 in C.P.(IB)1397-MB-2017

> NCLT judgment dated 2022-02-22. Citation: TCN-2022-NCLT-04007. The case involves multiple IAs (Interlocutory Applications) filed in relation to…

- **Court:** NCLT
- **Order date:** 22 Feb 2022
- **Citation:** TCN-2022-NCLT-04007
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/gupta-infrastructure-india-pvt-ltd-ia-2078-2019-ia-17041710171117371764177018052-dcba131d

## Summary

### Background

The case involves multiple IAs (Interlocutory Applications) filed in relation to C.P.(IB)1397/MB/2017. The primary issue revolves around the non-submission of Compliance Reports despite prior directions from the court. The Applicant had issued notices to all Respondents, but only Respondent No. 1 has engaged with the application. The office was directed to place the Compliance Report on record, but it has not been received.

## Facts

Bank of India initiated a case against Gupta Infrastructure (India) Pvt Ltd. Multiple IAs (2078/2019, 1704/2021, 1710/2021, 1711/2021, 1737/2021, 1764/2021, 1770/2021, 1805/2021, 2156/2021, 2216/2021 & 2391/2021) are filed in C.P.(IB)1397/MB/2017. Notices were issued to all respondents, but only Respondent No. 1 engaged. The court directed the office to place the Compliance Report on record, but it hasn't been received. The Joint Registrar is directed to explain the delay. The matter is listed on 2022-02-28 for the Compliance Report. Advocate for the Applicant and Respondent No. 1 are present in IA 2078 and IA 2156. Respondent No. 1 seeks time to place on Record Affidavit in Reply in IA 2156, which is granted.

## Issues and analysis

### Issue 1: Whether the Joint Registrar should be directed to explain the delay in submitting the Compliance …

**Ratio:** The court has the authority to direct its officers to explain delays in complying with

…

**Reasoning:** The Compliance Report has not been submitted despite prior directions. The court needs to

…

**Interpretation:** The court interprets its power to include the ability to demand accountability

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**Application:** The Joint Registrar is directed to explain the delay in submitting the

…

## Parties

- **Judges:** K.K. V…; P.N. Des…
- **Appellants:** Bank of…
- **Respondents:** Gupta Infrastructu…

## Timeline

- **2017-01-01 — C.P.(IB)1397/MB/2017…**: C.P.(IB)1397/MB/2017 was filed,…
- **2022-02-22 — Order Sheet of…**: Hearing held on 2022-02-22 regarding multiple IAs. The Joint Registrar was directed to…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 43(1) — Preferential transactions and relevant time](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-43)

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