Miss Lucy
← All judgments

M/S Laxmi Cores Manufacturing Pvt. Ltd vs Present

National Company Law Appellate Tribunal27 March 2024Ashok Bhushan

Ratio decidendi

The rule this decision rests on

The period from 25.03.2020 to 28.02.2022, during which the Supreme Court's suo motu orders in Writ Petition (Civil) No. 3 of 2020 extended limitation, is to be excluded in computing the three-year limitation period for an application under Section 10 of the Insolvency and Bankruptcy Code, 2016, so that an application filed within three years after excluding that period is not barred by time. Where the Adjudicating Authority has rejected an application as time-barred without considering the effect of that extension, the matter is remitted for fresh consideration, and the Appellate Tribunal does not decide the merits of the application.

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. 1393 of 2023&I.A. No. 4983 of 2023

IN THE MATTER OF: Laxmi Cores Manufacturing Pvt. Ltd. ...Appellant

Versus

Present: For Appellant : Mr. Ashish Choudhury, Mr. Santosh Kumar Ray, Mr. Abhishek Arora and Mr. Akash Tandon, Advocates

ORDER

(Hybrid Mode)

27.03.2024: Learned Counsel for the Appellant submits that Section 10

Application filed by the Appellant was rejected by Adjudicating Authority on the

ground that it is barred by time. Learned Counsel submits that Section 10

Application was filed on 14.01.2023. It is submitted that date of default

accepted by Adjudicating Authority was 09.10.2019, on the ground that Bank

of Baroda invoked the Guarantee by letter dated 09.10.2019.

2. Learned Counsel for the Appellant submits that the Adjudicating

authority failed to consider the facts and circumstances order of Hon'ble

Supreme Court in suo moto Writ Petition no. 3/20 where the period from

25.03.2020 to 28.02.2022 has to be excluded. He submitted that his

application excluding the above period, filed by the Appellant was not beyond 3

years. In the facts and circumstances and under the order of the Hon'ble Supreme Court, period from 25.03.2020 to 28.02.2022 has to be excluded. By

excluding the aforesaid period, the application cannot be said to be barred by

time.

3. In pursuance of the order of this Tribunal dated 01.11.2023, notices

were issued for publication by the Appellant in two local new papers. Affidavit

of service has been filed by the Appellant on 07.12.2023 showing the

publication. No objection has not been filed even after publication.

4. In the facts of the case, we revive Section 10 application to be heard by

the Adjudicating Authority afresh in accordance with law. We make it clear that

we have not considered the matter on merits and it is for the Adjudicating

Authority to consider the matter on merit and decide.

The appeal is disposed of.

[Justice Ashok Bhushan] Chairperson

(Mr. Arun Baroka) Member(Technical) akc/Nn

Company Appeal (AT)(Insolvency) No. 1393 of 2023 Page 2 of 2

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