# In the matter of Navjeet Yadav & Ors. Vs. Hounslow Builders Pvt. Ltd

> NCLT judgment dated 2024-10-04. Citation: TCN-2024-NCLT-00486. The case involves an application under Section 7 of the Insolvency and Bankruptcy Code (IBC),…

- **Court:** NCLT
- **Order date:** 4 Oct 2024
- **Citation:** TCN-2024-NCLT-00486
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/navjeet-yadav-ors-vs-hounslow-builders-pvt-ltd-b1dce841

## Summary

### Background

The case involves an application under Section 7 of the Insolvency and Bankruptcy Code (IBC), 2016. The Tribunal had previously admitted the petition and initiated the Corporate Insolvency Resolution Process (CIRP) on 06.09.2019, appointing an Interim Resolution Professional (IRP). However, the order initiating CIRP was not communicated or uploaded on the DMS portal of the NCLT, leaving the IRP unaware of the proceedings.

## Facts

Mr. Navjeet Yadav filed an application under Section 7 of the Insolvency and Bankruptcy Code (IBC), 2016 against M/s. Hounslow Builders Pvt. Ltd. On 06.09.2019, the Tribunal admitted the petition and initiated the Corporate Insolvency Resolution Process (CIRP), appointing Mr. Abhay Kumar as the Interim Resolution Professional (IRP). However, the order was not communicated or uploaded to the NCLT's DMS portal. The IRP was unaware of the proceedings. On 05.08.2024, the Registry was directed to issue notice to the Applicant and Respondents. On 03.09.2024, Mr. S.N. Gautam, counsel for the Applicant, sought time to take instructions. The Corporate Debtor's counsel, Mr. Vaibhav Tyagi, stated that the parties had settled the matter. Ms. Udita Singh, counsel for the IRP,

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## Issues and analysis

### Issue 1: Whether the Corporate Insolvency Resolution Process (CIRP) can continue when the initial order …

**Ratio:** The effective implementation of CIRP relies on proper communication and execution of

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**Reasoning:** The court acknowledged that the IRP was unaware of the CIRP initiation due to the order

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**Interpretation:** The interpretation highlights the importance of procedural compliance in

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**Application:** Given the IRP's lack of awareness and the subsequent settlement between the

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## Parties

- **Judges:** SH. BACHU VENKAT…; SH. ATUL CHATURVED…
- **Appellants:** Navjeet…
- **Respondents:** M/s. Hounslow…

## Timeline

- **2019-09-06 — CIRP Init…**: The Tribunal admitted the petition and initiated the Corporate Insolvency Resolution…
- **2024-08-05 — Registry Di…**: The Registry was directed to issue…

## 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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