Miss Lucy
← All judgments

J. P. Engineers Private Limited vs Union Bank Of India

National Company Law Appellate Tribunal25 May 2022

Ratio decidendi

The rule this decision rests on

Where an application for exclusion of time under the Insolvency and Bankruptcy Code is filed before the Adjudicating Authority on a particular date, the period of exclusion sought from the CIRP timeline runs from the date of that earlier application, and not from a later date on which the Adjudicating Authority chose to begin the exclusion.

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

Judgment

As delivered

NATIONAL COMPANY LAW APPELLATE TRIBUNALPRINCIPAL BENCH, NEW DELHICompany Appeal (AT) (Insolvency) No. 567 of 2022IN THE MATTER OF:

Vivek Raheja Resolution Professional ...Appellant

Versus

Union Bank of India ...Respondent

Present: For Appellant: Mr. K. D. Sharma, Advocate.

For Respondent:

ORDER

(Virtual Mode)

25.05.2022: Heard Counsel for the Appellant. This Appeal has been

filed against the order dated 18.04.2022 by which the application filed by the

Appellant for extension of period of CIRP has been partly allowed. The

Appellant is aggrieved with the only part by which exclusion was allowed

from 07.01.2022 to 18.04.2022 whereas according to the learned counsel for

the Appellant the exclusion ought to have been allowed from 07.12.2021 to

18.04.2022 because earlier the application for exclusion was filed by the

Appellant on 07.12.2021.

2. We have heard learned counsel for the Appellant and perused the

record.

3. We have by our earlier order dated 20.05.2022, directed the Appellant

to inform the Financial Creditor of the date fixed in the Appeal. Learned

Cont'd.../ 2

counsel for the Appellant submits that he has informed the Financial

Creditor. He further submits the CoC itself has taken decision to obtain

exclusion of time.

4. After having heard learned counsel for the Appellant, we are of the

view that when the earlier application was filed on 07.12.2021 the exclusion

ought to be from 07.12.2021 to 18.04.2022 instead of from 07.01.2022 to

18.04.2022 granted by the Adjudicating Authority. We, thus, direct that the

Appellant shall be entitled for exclusion of time from 07.12.2021 to

18.04.2022. Consequently, the CIRP period instead of ending on 18.05.2022

shall end on 18.06.2022. With these observations, the Appeal is disposed of.

[Justice Ashok Bhushan] Chairperson

[Shreesha Merla] Member (Technical)

[Naresh Salecha] Member (Technical) Archana/nn

Company Appeal (AT) (Insolvency) No. 567 of 2022

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