Dismissed

In the matter of Envirant Developers Pvt. Ltd. [IA-2002-2023 In C.P. (IB)-283(MB)2023]

NCLT17 May 2023IA-2002-2023 In C.P. (IB)-283(MB)2023

Case brief

AI extract

What is this about?

The Tribunal heard an application filed by a director under Rule 11 challenging a Section 7 application. It was admitted that the present application lacked Board authorization. The Tribunal dismissed the application as frivolous, vexatious, and lacking merit, noting it could not derail the main proceedings.

What did the court decide?

The instant application (IA No. 2002/2023) is dismissed as vexatious and devoid of merit.

In the matter of Envirant Developers Pvt. Ltd… — Insolvency and Bankruptcy | NCLT (2023)

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NATIONAL COMPANY LAW TRIBUNAL MUMBAI BENCH, COURT-V

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IA/2002/2023 In C.P. (IB)/283(MB)2023

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CORAM:

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SMT. ANURADHA BHATIA SHRI KULDIP KUMAR KAREER HON’BLE MEMBER (T) HON’BLE MEMBER (J)

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ORDER SHEET OF THE HEARING OF MUMBAI BENCH OF THE NATIONAL COMPANY LAW TRIBUNAL ON 17.05.2023

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NAME OF THE PARTIES: VISTRA ITCL (INDIA) LIMITED V/s ENVIRANT DEVELOPERS PRIVATE LIMITED

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Section: 7 of Insolvency & Bankruptcy Code, 2016

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ORDER

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The matter is taken up through Virtual Hearing (VC).

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IA No. 2002/2023 - Adv. Sarosh E. Bharucha appeared for the applicant. Adv. Ryan D'Souza a/w. Adv. Zaid Mansuri i/b. DSK Legal appeared for the Financial Creditor. The present application is filed by Mr. Sanjay Pandurang Kalate who is Director and Shareholder of the Corporate Debtor under Rule 11 of NCLT Rules, 2016.

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Heard IA No. 2002/2023. Applicant claims that certain fraud has been committed by one Mr. Kaneria. It has been stated that C.P.(IB)/283/2023 has already been Reserved for Order by this Bench. In the C.P.(IB)/283/2023 which has been filed filed under Section 7 of Insolvency & Bankruptcy Code, 2016, one Mr. Kaneria is stated to file reply without any authorization of Board of Directors. It has further been pointed out that there is some dispute inter se between the Directors of the Company and some settlement agreement was executed whereby, Mr. Kaneria agreed to step down from his Directorship. It is further been pointed out that the reply filed by the

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Mr. Kaneria in the C.P.(IB)/283/2023 should not be taken into consideration as the same has been filed without any authorization of the Board of Directors of the Company.

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During the course of the arguments when the Counsel for the applicant asked as to whether the instant application has been filed with the approval and authorization of the Board of the Directors of the company. It was stated by the Counsel for the applicant that there is no such authorization on behalf of the Board of the Directors of the company to file the instant application. That being so, on the basis on this the instant application which appears to be frivolous application and seems to have been filed with the view to delay the proceedings of C.P.(IB)/283/2023 the proceedings of C.P.(IB)/283/2023 cannot be derailed. Therefore, we find the IA No. 2002/2023 has been filed without any merit and the same is hereby dismissed being vexatious in nature.

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Sd/- Sd/-

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ANURADHA BHATIA KULDIP KUMAR KAREER Member (Technical) Member (Judicial)

In the matter of Envirant Developers Pvt. Ltd. [IA-2002-2023 In C.P. (IB)-283(MB)2023]

Case brief

What is this about?

What did the court decide?

In the matter of Envirant Developers Pvt. Ltd. [IA-2002-2023 In C.P. (IB)-283(MB)2023]

Case brief

What is this about?

What did the court decide?

What the court decided

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