Manish Kumar Gupta vs Unknown

IN THE MATTER OF: Manish Kumar Gupta (Resolution Professional for three C Projects Pvt. Ltd.) 404, 4th Floor, Laxmideep Building 9 Laxmi Nagar, New Delhi - 110092. ...Appellant.

Present: For Appellant: Mr. Manish Singh Negi and Mr. Pulkit Srivastava, Advocates.

ORDER

(Virtual Mode)

05.08.2021 Heard Learned Counsel for the Appellant and perused the

record. The Appellant aggrieved by the order dated 01.06.2021 passed by the

Ld. Adjudicating Authority, National Company Law Tribunal, New Delhi in

I.A. No. 3421 of 2020 in CP (IB) No. 1718 / (PB)/ 2018 whereby the Ld.

Adjudicating Authority have granted exclusion of the period of lockdown of 83

days i.e. form 18.03.2020 to 07.07.2020, from CIR process.

2. Learned Counsel for the Appellant submits that he is aggrieved by the

facts that the time period of 101 days i.e. from 25.05.2020 to 03.09.2020

which was consumed in filing and adjudication the I.A. No. 3421 of 2020

before the Adjudicating Authority, have not been excluded.

3. We are of the considered view that the Ld. Adjudicating Authority has

simply allowed the period of 83 days i.e. form 18.03.2020 to 07.07.2020 from

CIR process is not accordance with law. Therefore, the impugned order is

hereby set aside. The period of 101 days i.e. from 25.05.2020 to 03.09.2020

Cont.....

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consumed in filing and adjudication of I.A. No. 3421 of 2020 before the

Adjudicating Authority is hereby excluded as prayed by the Appellant in this

Appeal. The period as prayed by the Appellant is hereby allowed. The Appeal

stands allowed.

4. Registry to upload the order forthwith on the website of this Appellate

Tribunal.

5. Registry is directed to send the copy of this order to the Adjudicating

Authority, National Company Law Tribunal, Principal Bench, New Delhi,

forthwith.

[Justice Anant Bijay Singh] Member (Judicial)

[Ms. Shreesha Merla] Member (Technical)

R. N./ R.R./

Company Appeal (AT) (Insolvency) No. 553 of 2021