# In the matter of VIL Ltd.

> NCLT judgment dated 2023-07-26. Citation: TCN-2023-NCLT-02328. The case involves applications filed by the Successful Resolution Applicant (SRA) seeking…

- **Court:** NCLT
- **Order date:** 26 Jul 2023
- **Citation:** TCN-2023-NCLT-02328
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/vil-ltd-83f86256

## Summary

### Background

The case involves applications filed by the Successful Resolution Applicant (SRA) seeking specific reliefs for the implementation of the resolution plan under the Insolvency and Bankruptcy Code (IBC). Notices were issued in all Interlocutory Applications (IAs), but service was affected in some cases and remained incomplete in others. The SRA sought to have the respondents set ex-parte to facilitate plan implementation. The respondents, including GST Department, Tehsildar Lucknow, and Commercial Tax Department Lucknow, did not appear.

## Facts

ICICI Bank Ltd. initiated a Corporate Insolvency Resolution Process (CIRP) against VIL Ltd. under Section 7 of the Insolvency and Bankruptcy Code (IBC). The Successful Resolution Applicant (SRA) filed several Interlocutory Applications (IAs) seeking specific reliefs for the implementation of the resolution plan. Notices were issued to the respondents, including government departments like GST Department, Tehsildar Lucknow, and Commercial Tax Department Lucknow, but they did not appear. The SRA requested the court to set the respondents ex-parte to proceed with the plan implementation. The court observed that verifying the service of notices on the respondents consumed significant judicial time. The court directed the IBBI and MCA to provide input on modifying the

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## Issues and analysis

### Issue 1: Whether the current process of verifying service of notices on respondents in IAs is consuming …

**Ratio:** Judicial time should be primarily used for adjudicating cases on merit rather than

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**Reasoning:** The court observed that a considerable period of time is consumed in verifying whether

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**Interpretation:** The court interprets its role as primarily adjudicative, emphasizing the

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**Application:** The court applied this principle by directing the IBBI to consider

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## Parties

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

## Timeline

- **2023-03-03 — Previous…**: The court had asked the Insolvency and Bankruptcy Board of India (IBBI) to take into…
- **2023-04-10 — Order Pa…**: The court passed an order directing the Registry to serve a copy of the order dated…

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