Miss Lucy
← All judgments

Earth Gracia Buildcon Pvt. Ltd., ... vs Committee Of Creditors Of Earth Gracia ...

National Company Law Appellate Tribunal19 November 2019

Ratio decidendi

The rule this decision rests on

The Adjudicating Authority's extension of the corporate insolvency resolution process by a further period of 90 days under Section 12(2) of the Insolvency and Bankruptcy Code, 2016, is not to be set aside where the Committee of Creditors, in its resolution plan, sought the exclusion of the process period beyond 180 days and did not seek exclusion of any particular period; the appeal against such an order is dismissed on that footing.

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. 1296 of 2019IN THE MATTER OF:

Earth Gracia Buildcon Pvt. Ltd. .....Appellant

Vs.

Committee of Creditors of Earth Gracia Buildcon Pvt. Ltd. ......Respondent

Present :

For Appellant: Mr. Sandeep Bisht, Mr. Anuj Tiwari, Advocates

O R D E R

19.11.2019 - This appeal has been preferred by Appellant - 'Resolution

Professional' of 'Earth Gracia Buildcon Pvt. Ltd.' against the order dated 1st

October, 2019 passed by the Adjudicating Authority ('National Company Law

Tribunal') Principal Bench, New Delhi. By the Impugned order, the Adjudicating

Authority while rejecting the prayer for exclusion in view of the decision of

'Committee of Creditors', extended further period of 90 days in terms of Section

12(2) of the 'I&B' Code, 2016.

...contd.

2

The aforesaid order was challenged after delay of 3 days. While we

condone the delay of 3 days, w e are not inclined to interfere with the impugned

order as the 'Committee of Creditors' in its 'Resolution Plan' asked the Appellant

- 'Resolution Professional' to seek exclusion of 'Corporate Insolvency Resolution

Process' period beyond 180 days and not for exclusion of any period. We find no

merit in this appeal, it is accordingly dismissed. No costs.

[Justice S. J. Mukhopadhaya]

Chairperson

[ Justice Bansi Lal Bhat ] Member (Judicial)

[Justice Venugopal M.] Member (Judicial)

ss/sk

Company Appeal (AT) (Insolvency)No. 1296 of 2019

This page reproduces a public judgment and a summary of it. It is research material, not legal advice, and it is no substitute for advice from an advocate on your own facts.

Research this judgment with Miss Lucy

Ask what it holds, what has followed it, and what it means for your matter — in plain English, with the citations.

Try Miss Lucy free