Mukesh Grover Rp vs Committee Of Creditors 'Coc' Of

Mukesh Kumar Grover ...Appellant

Versus

Committee of Creditors 'COC' of Three Leaves Books International Pvt. Ltd. ...Respondent

Present:

For Appellant: Mr. Partho Bhattacharya and Mr. Anand Kumar Singh, Advocates.

For Respondent: Mr. Inderdeep Singh, Advocate for COC.

ORDER

(Virtual Mode)

10.12.2021: Heard Learned Counsel for the Appellant as well as Learned

Counsel for the Respondent - CoC. This Appeal has been filed against order

dated 19.07.2021 passed by the Adjudicating Authority (National Company Law

Tribunal), New Delhi, Court-IV in I.A. No. 2991/ND/2021 in (IB)-

1281/(ND)/2019. The Resolution Professional has filed an Application for

exclusion of 41 days of the lockdown period from 27.04.2021 to 06.06.2021. The

said Application has been rejected.

Cont'd...../ -2-

2. Learned Counsel for the Appellant submits that period of lockdown ought

to have been excluded since due to lockdown declared nation-wide, the timeline

was not adhered to. Learned Counsel for the Appellant further submits that no

such submission was made that due to non-cooperation of the Corporate Debtor

CIRP could not proceed. He submits that such submission was wrongly noted

by the Adjudicating Authority.

3. Learned Counsel for the Respondent - CoC supports the submissions made

by the Learned Counsel for the Appellant and submits that it was very important

to exclude such period of lockdown. Learned Counsel for the parties also submit

that process is also going on and an Application under Section 12A has been filed

as period of 180 days is going to complete. Learned Counsel for the Appellant

relied on judgment of this Appellate Tribunal dated 30.03.2020 passed in Suo

Moto - Company Appeal (AT) (Insolvency) No. 01 of 2020.

4. We have considered submissions of Learned Counsel for the parties and

perused the record. There is no denying that during the period from 27.04.2021

to 06.06.2021 lockdown was declared and when lockdown was declared there is

no question of CIRP proceeding as per schedule. The judgment of this Tribunal

dated 30.03.2020 in Suo Moto - Company Appeal (AT) (Insolvency) No. 01 of 2020

fully support the submission which is made by learned Counsel for the Appellant

before us.

Company Appeal (AT) (Insolvency) No. 960 of 2021 -3-

5. We are, thus, of the view that the Adjudicating Authority committed error

in rejecting the Application of the Appellant for exclusion of 41 days period as

above. In result, we allow the Appeal and set aside the order dated 19.07.2021

and direct the Adjudicating Authority to exclude the period of 41 days from

27.04.2021 to 06.06.2021. The Appeal is allowed accordingly.

[Justice Ashok Bhushan] Chairperson

[Justice Jarat Kumar Jain] Member (Judicial)

[Dr. Alok Srivastava] Member (Technical) Archana/nn.

Company Appeal (AT) (Insolvency) No. 960 of 2021