# In the matter of Orris Infrastructure Pvt. Ltd. (IB)-80(PB)-2019

> NCLT judgment dated 2022-02-11. Citation: TCN-2022-NCLT-04165. The case involves an application under Section 7 of the Insolvency and Bankruptcy Code. The…

- **Court:** NCLT
- **Order date:** 11 Feb 2022
- **Citation:** TCN-2022-NCLT-04165
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/orris-infrastructure-pvt-ltd-ib-80pb-2019-77489e61

## Summary

### Background

The case involves an application under Section 7 of the Insolvency and Bankruptcy Code. The applicant's counsel states that the threshold limit required to file the application, considering the amendment dated 28.12.2019, has not been met. The application is deemed not maintainable, but the applicant seeks adjournment to allow other home buyers to join and meet the threshold. The respondent's counsel argues for dismissal due to non-maintainability but does not object to granting liberty to file an appropriate application.

## Facts

Kewal Kishan Kapoor HUF & 17 & Ors. filed an application under Section 7 of the Insolvency and Bankruptcy Code against Orris Infrastructure Pvt. Ltd. The applicant's counsel, Mr. Nikhil Aswani, stated that the threshold limit required to file the application, considering the amendment dated 28.12.2019, was not met. The application was deemed not maintainable, but the applicant sought an adjournment to allow other home buyers to join and meet the threshold. The respondent's counsel, Mr. P. Nagesh, argued for dismissal due to non-maintainability but did not object to granting liberty to file an appropriate application. The court dismissed the application but granted the applicant liberty to file a fresh application.

## Issues and analysis

### Issue 1: Whether the application under Section 7 of the Insolvency and Bankruptcy Code should be dismissed …

**Ratio:** An application under Section 7 of the IBC can be dismissed if the applicant fails to meet

…

**Reasoning:** The court reasoned that since the applicant admitted that the threshold limit was not

…

**Interpretation:** This interprets Section 7 of the IBC and related amendments to mean that

…

**Application:** The court applied this principle to the facts by dismissing the application

…

## Parties

- **Judges:** DEEPTI M…; Sh. Avinash K.…
- **Appellants:** Kewal Kishan…
- **Respondents:** ORRIS INFRASTRUCTU…
- **Advocates:** Nikhil A…; P. Na…; +3 more

## Timeline

- **2019-12-28 — Amendment…**: Date of the amendment relevant to the…
- **2022-02-11 — Order Del…**: The order was delivered dismissing the application but granting liberty to file an…

## 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)

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/orris-infrastructure-pvt-ltd-ib-80pb-2019-77489e61