Incorp Restructuring Services Llp ... vs Nemo

Comp. App. (AT) (Ins) No. 1484 of 2026 IN THE MATTER OF: Incorp Restructuring Services LLP Resolution ...Appellant(s) Professional of N. Kumar Housing & Infrastructure Pvt. Ltd. Versus Nemo ...Respondent(s)

Present: For Appellant : Mr. Abhishek Anand, Mr. Anoop Rawat, Mr. Shreyas Gupta, Mr. Aditya Marwah, Mr. Vishal Pathak, Ms. Aditi Rathore, Ms. Palak Kalra, Advocates

For Respondents :

ORDER

(Hybrid Mode)

13.08.2026 This appeal is filed against an impugned order dated

13/07/2026 passed by Ld. NCLT, Mumbai, in which I.A. (IBC) No. 2607

(MB)/2026 in C.P. (IB) No. 1093(MB)/2020 filed for exclusion of 42 days from

the CIRP period i.e., period from 18/10/2025 till 28/11/2025, was dismissed.

2. It is the submission of the Ld. Counsel for appellant the Corporate

Insolvency Resolution Process, in the present case was initiated on

24/02/2023 and a Writ Petition No. 3766 of 2023 was filed before the Hon'ble

Bombay High Court, Nagpur Bench, which vide Order dated 20/06/2023,

had granted stay, qua CIRP while holding that till the returnable date, the

Respondents therein, shall not take any precipitative steps in pending

Company Petition No. 1093/2020. It is submitted such stay, initially granted

on 20/06/2023 continued till 28/11/2025 as is evident from the final order

dated 17/10/2025 of the Bombay High Court, whereby the Writ Petition No. 3766 of 2023 was dismissed. Admittedly in its order dated 17/10/2025, the

Ld. Bombay High Court while disposing of the Writ, had extended the interim

order for another six weeks, i.e., till 28/11/2025. Ld. Counsel for appellant

submits initially they moved an I.A. No 719/2025 for exclusion of the period

24/06/2023 till 17/10/2025, and the period of further six weeks, till

28/11/2025 was not included in such application, because of an

inadvertence by the erstwhile IRP/ sole CoC and hence the exclusion was

granted only qua the period from 24/06/2023 till 17/10/2025. By the

impugned order, further exclusion for 42 days was rejected on the ground it

was never sought initially.

3. The impugned order though records there was no justifiable ground for

exclusion of 42 days until 28/11/2025, but on these very grounds, the

exclusion from 24/06/2023 till 17/10/2025 was rather granted and hence

the Ld. NCLT ought to have granted exclusion wef 17/10/2025 till

28/11/2025.

4. In these circumstances, we are of the considered view if the Order dated

13/07/2026 is modified to an extent the exclusion for 42 days, i.e., from the

period from 18/10/2025 till 28/11/2025, be also granted. Accordingly it is

granted.

5. At this stage, the Ld. Counsel for appellant submits he is also aggrieved

of further direction in the impugned order so far it also recorded further

extension shall not be granted. We are also of the view this direction ought not

to have been passed and thus is modified to the extent in case any application

for further extension is filed, the same be disposed of on merits. It is to add 2 of 3 that the RP has received 15 Expression of Interests, and the last date of

submission of resolution plan is 07/09/2026.

6. The appeal is thus disposed of in accordance with law.

In view of the above, pending applications, if any, are also disposed of.

[Justice Yogesh Khanna] The Officiating Chairperson

[Barun Mitra] Member (Technical)

[Ajai Das Mehrotra] Member (Technical) Prerana/md

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