# Evanie Eco Nest Home Buyers Association vs. Evanie Infrastructure Private Limited

> NCLT judgment dated 2026-10-09. Citation: TCN-2026-NCLT-01183. Evanie Eco Nest Home Buyers Association, representing homebuyers, filed an application under…

- **Court:** NCLT
- **Order date:** 9 Oct 2026
- **Citation:** TCN-2026-NCLT-01183
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-kolkata/evanie-infrastructure-private-limited-m8hrp

## Summary

### Background

Evanie Eco Nest Home Buyers Association, representing homebuyers, filed an application under Section 7 of the Insolvency and Bankruptcy Code, 2016 (IBC) to initiate Corporate Insolvency Resolution Process (CIRP) against Evanie Infrastructure Private Limited (Corporate Debtor). The homebuyers had advanced monies for flats and bungalows in the 'Evanie Eco Nest' project, but the Corporate Debtor failed to commence construction or deliver the units. Several other homebuyers filed intervention applications to join the main petition. The Corporate Debtor contested the maintainability of the application, arguing lack of jurisdiction, locus standi, and failure to meet the statutory threshold for financial creditors, claiming the dispute was civil/consumer in nature and not a

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## Facts

Evanie Eco Nest Home Buyers Association (Financial Creditor/Petitioner) filed a Section 7 IBC application against Evanie Infrastructure Private Limited (Corporate Debtor).

Financial Creditors advanced monies for flats and bungalows in the 'Evanie Eco Nest' project, but the Corporate Debtor failed to commence construction or demarcate units.

The Corporate Debtor failed to adhere to the terms of agreements or oral assurances made to the Financial Creditors.

The Financial Creditors are entitled to get back the advance monies paid to the Corporate Debtor.

The Corporate Debtor represented to homebuyers that it had obtained permission for over 540 units but applied for registration for only 80 units, which was rejected on February 21, 2020.

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## Issues and analysis

### Issue 1: Whether the applicants meet the threshold to file an …

**Ratio:** The threshold requirement under Section 7(1) proviso for financial creditors who are

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**Reasoning:** The NCLT referred to Manish Kumar v. Union of India and Anr. (2021) ibclaw.in 16 SC,

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**Interpretation:** The Court interpreted 'allottees' for threshold calculation as actual, concrete

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**Application:** The NCLT found that the Corporate Debtor failed to challenge the petitioner's

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## Parties

- **Judges:** BIDISHA BA…; Rekha Kantilal…
- **Appellants:** Evanie Eco Nest…; Amit Kumar…; +3 more
- **Respondents:** Evanie Infrastruct…
- **Other parties:** Committee of…; Rakesh…; +2 more
- **Advocates:** Ritzu Ghosal, Sr.…; Debleena Sanyal,…; +4 more

## Timeline

- **2017-12-09 — Advance Payment by…**: Applicant in IVN.P(IBC)/27(KB)2024 paid an…
- **2018-02-25 — Unregistered Agreements…**: Applicants in IVN.P(IBC)/24(KB)2024 signed four…

## 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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