# In the matter of Earth Buildprop Pvt. Ltd. IB-624-PB-2019

> NCLT judgment dated 2022-05-04. Citation: TCN-2022-NCLT-04853. The case pertains to an application under Section 7 of the IBC Code, 2016. The matter was heard…

- **Court:** NCLT
- **Order date:** 4 May 2022
- **Citation:** TCN-2022-NCLT-04853
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-new-delhi/earth-buildprop-pvt-ltd-ib-624-pb-2019-0ed8e568

## Summary

### Background

The case pertains to an application under Section 7 of the IBC Code, 2016. The matter was heard virtually.

## Facts

The case was heard virtually on 04.05.2022.

Neither party was present during the virtual hearing.

The matter was postponed for two weeks.

The Court Officer was directed to send e-notices to both parties and their counsels.

The matter has been transferred from Principal Bench to Bench VI, New Delhi.

The matter is listed on 19.05.2022.

## Issues and analysis

### Issue 1: Whether the application under Section 7 of the IBC Code, 2016, can proceed in the absence of both …

**Ratio:** The court has the discretion to adjourn

…

**Reasoning:** In the interest of justice, the court decided to postpone the matter to allow both

…

**Interpretation:** The absence of both parties necessitates an adjournment to ensure a fair

…

**Application:** The court adjourned the matter and directed the Court Officer to notify the

…

## Parties

- **Judges:** P.S.N. P…; RAHUL BHA…
- **Appellants:** Sandeep…
- **Respondents:** M/s. Earth…

## Timeline

- **2022-05-04 — Order Del…**: Order delivered on…
- **2022-05-19 — Next Listin…**: Matter listed on…

## 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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