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In the matter of Sampurna Suppliers Private Limited

National Company Law Tribunal12 September 2023

Ratio decidendi

The rule this decision rests on

The Adjudicating Authority may exclude the period during which the corporate insolvency resolution process was delayed by the time taken to obtain information from the suspended Board of Directors and the time consumed in verifying a condoned late claim, and may further extend the process beyond 270 days, where the Committee of Creditors has unanimously supported the exclusion, a prospective resolution applicant has already submitted an expression of interest, and the extended period remains within 330 days so that there is a fair chance of resolution of the corporate debtor.

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

Judgment

As delivered

INTHENATIONAL COMPANY LAWTRIBUNAL,KOLKATABENCH(Court-II)KOLKATA

IA.(IB)No. 764/KB/2023 In C.P (IB) No.2046/KB/2019 In the matter of An application under section 60(5) of the Insolvency and Bankruptcy Code, 2016, read with Regulation 40C of the Insolvency Resolution Process for Corporate Persons Regulations, 2016.

And Inthe matter of:

Orbit Towers PrivateLimited …Financial Creditor Versus SampurnaSuppliers PrivateLimited …CorporateDebtor And Inthe matter of: SudiptaGhosh, ResolutionProfessional of SampurnaSuppliers PrivateLimited …Applicant

Dateofhearing :20/04/2023 OrderPronounced on : 12/09/2023

Coram: Ms.Bidisha Banerjee, Member (Judicial) Mr.BalrajJoshi,Member(Technical)

INTHENATIONALCOMPANYLAWTRIBUNAL, KOLKATABENCH,KOLKATA(Court-II)

Counselsappeared through Physically/Video Conference Mr.ShaunakMitra,Adv. ]ForR-3inIA/1137/2022 Mr.SayakChakraborty,Adv. ] Mr.KaushikBanerjee,Adv. ]ForApplicantinIA356/2023 Ms.RashmitaSen,Adv. ] Mr.SourojitDasgupta,Adv. ]FortheRP Mr.AniketChaudhury,Adv. ] Mr.SudiptaGhosh,RP ]inperson Mr.AtulSureka,Adv. ] Mr.KuldipMallick,Adv. ]

O R D E R

Per: BalrajJoshi ,Member (Technical) 1. IA (IBC)/764/KB/2023, is an application filed by the RP under section 60(5) of the IBC,2016 seeking exclusion of time for 60 days from 23rd January, 2023 to 23rdMarch, 2023.

2. The grounds for the reliefs have been stated at page 5 and 6, and it appears that exclusion has been necessitated mainly due to the delay in getting information from the suspended Board ofDirectors.

3. Further by an order dated 27/02/2023, this Adjudicating Authority had condoned the delay of one of the Operational Creditor in lodging its claim. The verification thereof also took some time. As such, in the process 270 days of the Corporate Insolvency ResolutionProcess expired.

4. The matter was placed before the CoC in the 7th meeting, who have unanimously decided to ask for exclusion of 60 days particularly in view of the fact that one EoI has already been received and the prospective resolution applicant is in the process of submitting the plan. Accordingly, an exclusion as above has been sought.

5. We are conscious of the fact that this exclusion would extend the CIRP process

INTHENATIONALCOMPANYLAWTRIBUNAL, KOLKATABENCH,KOLKATA(Court-II)

beyond 270 days but shall even then be within 330 days and in view of the fact that there is fair chance of resolution of the Corporate Debtor by way of a resolution plan, we grant the aforesaid exclusion from 23rd March, 2023 till 22nd May, 2023.The RP shall make best efforts to complete the CIRP within this enlarged time.

6. With these directions IA(IBC)/764/KB/2023 is allowed and disposed of.

7. The Registry is directed to send e-mail copies of the order forthwith to all the parties forinformation and for takingnecessary steps.

8. Certified copy of this order may be issued, if applied for, upon compliance of all requisiteformalities.

(BalrajJoshi) (BidishaBanerjee) Member(Technical) Member(Judicial)

Order signed on12/09/ 2023.

PJ

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