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Ajay Agarwal vs Shantanu T.Ray Rp Of Aml Steel And Power ...

National Company Law Appellate Tribunal18 January 2019

Ratio decidendi

The rule this decision rests on

The exclusion of time from the Corporate Insolvency Resolution Process period is warranted where the delay in selecting a resolution applicant results from the lack of financial information and cooperation from the promoters or directors of the corporate debtor, and from the restriction on the resolution professional's visits to the company's premises in an area that is Naxalite-infested, such that the resolution professional cannot effectively act without police support.

Written by Miss Lucy from the judgment below, not taken from a headnote.

Judgment

As delivered

NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHICompany Appeal (AT) (Insolvency) No. 61 of 2019IN THE MATTER OF:

Ajay Agarwal ...Appellant

Vs

Shantanu T. Ray, RP of ....Respondents AML Steel and Power Ltd. & Ors.

Present: For Appellant: Mr. Aditya Narayan, Advocate. For Respondents: ORDER

18.01.2019: Mr. Aditya Narayan, Advocate appears on behalf of the

Appellant - 'Ajay Agarwal' who happens to be the Promoter and one of the

Directors of the suspended Board of Directors of M/s AML Steel and Power Ltd.

(Corporate Debtor) and seeks to assail the impugned order dated 11th December,

2018 passed by the learned Adjudicating Authority (National Company Law

Tribunal) Division Bench, Chennai, by virtue whereof the learned Adjudicating

Authority has excluded 90 days from the Corporate Insolvency Resolution

Process period with effect from 7th December, 2018.

2. Heard learned counsel for the Appellant and perused the records. The

impugned order has been passed taking into consideration the resolution passed

by the Committee of Creditors seeking exclusion of 90 days from the Corporate

Insolvency Resolution Process period having regard for the fact that the company

premises is located in an area which is Naxalite infested and the Resolution

Professional had been facing immense hardship in visiting premises of the -2-

company without the support of the police. The impugned order is perfectly in

tune with the dictum of this Appellate Tribunal laid down in 'Quinn Logistics

India Private Limited Vs. Mack Soft Tech Private Limited and 2 Ors.', which

elaborately deals with the grounds that warrant exclusion of time from Corporate

Insolvency Resolution Process period to advance insolvency resolution. It

appears that selection of resolution applicant has been delayed on account of

lack of financial information and cooperation from the Promoters/Directors

besides frequent visits to the premises of the company being curtailed/ restricted

on account of area being Naxalite infested.

3. Viewed in this background, I am of the considered opinion that there were

substantial grounds warranting exclusion of 90 days period from Corporate

Insolvency Resolution Process period. I find that the impugned order does not

suffer from any legal infirmity or factual frailty. The appeal being devoid of merit,

the same is dismissed. There shall be no orders as to costs.

[Justice Bansi Lal Bhat] Member (Judicial) am/uk

Company Appeal (AT) (Insolvency) No. 61 of 2019

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