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Mr. Kashi Viswanathan Sivaraman ... vs Respondents

National Company Law Appellate Tribunal2 March 2023

Ratio decidendi

The rule this decision rests on

The period during which the Auction Purchaser was granted extension of time by the Adjudicating Authority, and during which the liquidation process could not be completed because plant and machinery remained on the land forming part of the sale, is to be excluded from the computation of the time limit for completing the liquidation process, where the delay was occasioned by orders of the Adjudicating Authority and the auction could not be finalised for reasons attributable to those orders and the pendency of related appeals.

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

Judgment

As delivered

1NATIONAL COMPANY LAW APPELLATE TRIBUNALPRINCIPAL BENCH, NEW DELHICompany Appeal (AT) (Insolvency) No. 216-217 of 2023&I.A. No. 787 of 2023

IN THE MATTER OF: Kashi Viswanathan Sivaraman ...Appellant

Versus . ...Respondents Present: For Appellant: Mr. Aditya Gauri, Mr. Amor Vivek and Jayesh, Advocates. For Respondent:

ORDER

02.03.2023: Heard Learned Counsel for the Appellant.

2. This Appeal has been filed by the Liquidator challenging the Order dated

23rd December, 2022 passed by the Adjudicating Authority on I.A. No. 6308 of

2022. The Liquidator filed I.A. No. 6308 of 2022 making following two prayers:

"1. From 19.01.2021 till 22.01.2022 when extension of time was granted by Adjudicating Authority to the Auction Purchaser of part & machinery.

2 2. From 30.03.2022 till 18.10.2022 when stay granted by Hon'ble NCLAT was in operation."

3. Learned Adjudicating Authority has granted exclusion of period from

30.02.2022 till 18.10.2022 which was prayer No. 2 however the Adjudicating

Authority has refused to grant exclusion of time from 19.01.2021 till 22.01.2022.

4. Learned Counsel for the Liquidator submits that vide Order dated

19.01.2021, time was granted to only 01.02.2021 which period was extended till

22.01.2022. Learned Counsel for the Appellant submits that in view of the

extension, the Liquidator was unable to complete the process of liquidation since

plant machinery was not removed on the land which was also subject matter of

the sale. Learned Counsel for the Appellant submits that ultimately this Tribunal

by Order dated 18.10.2022 had decided Company Appeal (AT) Ins. No. 318-319

of 2022, 728 of 2022 filed by the two Successful Auction Purchaser challenging

the Order of the Adjudicating Authority which was decided on 18.10.2022

subsequently an application was filed for permitting the Successful Auction

Purchaser to deposit the bank guarantee instead of making payment which was

rejected on 22.11.2022 by this Tribunal which order has also been affirmed by

the Hon'ble Supreme Court in CIVIL APPEAL No. 548 of 2023 on 10.02.2023.

5. In view of the subsequent facts and the fact that matter was pending

consideration in the appeal and due to orders passed by the Adjudicating

Company Appeal (AT) Ins. No. 216-217 of 2023 3

Authority, the auction could not be finalized. The Appellant was also entitled for

exclusion of period from 19.01.2021 till 22.01.2022. We thus allow this appeal

and grant exclusion of time from 19.01.2021 till 22.01.2022. Appeal is disposed

of, accordingly.

[Justice Ashok Bhushan] Chairperson

[Barun Mitra] Member (Technical)

Basant/nn

Company Appeal (AT) Ins. No. 216-217 of 2023

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