# In the matter of VIL Ltd.

> NCLT judgment dated 2023-03-03. Citation: TCN-2023-NCLT-04362. The Successful Resolution Applicant (SRA) filed applications seeking specific reliefs for the…

- **Court:** NCLT
- **Order date:** 3 Mar 2023
- **Citation:** TCN-2023-NCLT-04362
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/vil-ltd-30a43dab

## Summary

### Background

The Successful Resolution Applicant (SRA) filed applications seeking specific reliefs for the implementation of the resolution plan. Notices were issued, but service was not completed in all cases. The SRA requested the respondents to be set ex-parte to effectively implement the plan. The respondents, including the GST Department, Tehsildar Lucknow, and Commercial Tax Department Lucknow, did not appear. The court is verifying whether service was properly effected on the respondents before proceeding ex-parte.

## Facts

ICICI Bank Ltd. filed an application under Section 7 of the Insolvency and Bankruptcy Code, 2016 (CIRP) against VIL Ltd. The Successful Resolution Applicant (SRA) filed multiple IAs (IA-2015/2022, IA-2762/2022, IA-2763/2022, IA-4768/2022, IA-5415/2022) seeking specific reliefs for the implementation of the resolution plan. Notices were issued in these IAs, but service was not completed in all cases. The respondents, including GST Department, Tehsildar Lucknow, and Commercial Tax Department Lucknow, did not appear. The petitioner's counsel requested time to verify if all respondents were served. IA-2367/2020 was dismissed for non-prosecution because no one appeared for the petitioner, and no steps were taken after the substitution of the applicant RP by SBI was allowed.

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## Issues and analysis

### Issue 1: Whether the court should proceed ex-parte against the respondents in the IAs given that service has …

**Ratio:** The principle of natural justice requires that all parties to a legal proceeding be given

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**Reasoning:** The court noted that service had not been completed in all cases and that the respondents

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**Interpretation:** The court is balancing the need for efficient resolution of insolvency cases

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**Application:** The court's decision to grant time to verify service demonstrates its

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## Parties

- **Judges:** Ramalingam…; AVINASH K.…
- **Appellants:** ICICI Ban…
- **Respondents:** VIL L…

## Timeline

- **2018-01-01 — Case Fil…**: Case filed under…
- **2022-01-01 — IA Filin…**: IA-2015/2022, IA-2762/2022, IA-2763/2022,…

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