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Rajan Garg Resolution Professional Of ... vs Shree Ahuja Properties & Realtors ...

National Company Law Appellate Tribunal16 July 2024Ashok Bhushan

Ratio decidendi

The rule this decision rests on

Where an application seeking exclusion of time from the CIRP period under Section 12 of the Insolvency and Bankruptcy Code, 2016 pleads specific facts and details of pending litigation, the Adjudicating Authority must advert to those pleaded details; a conclusion that a dispute between the Committee of Creditors is not a justifiable ground for exclusion, without considering the pleaded litigation and the pendency of the applications, is an order that cannot stand and must be set aside, with the application revived for fresh consideration in accordance with law.

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.1297 of 2024& I.A. No. 4674 of 2024

IN THE MATTER OF: Rajan Garg, RP of Shree Ahuja Properties & Realtors Pvt. Ltd. ...Appellant

Versus

Shree Ahuja Properties & Realtors Pvt. Ltd. ...Respondent

Present: For Appellant : Mr. Devul Dighe, Advocate. For Respondent :

ORDER

(Hybrid Mode)

16.07.2024: This Appeal has been filed by the Resolution Professional

challenging order dated 24.04.2024 passed by the Adjudicating Authority in

IA No.1855(MB)2024. The application was filed by the Appellant praying for

following reliefs:

"5. Relief(s) Sought:

In view of the facts mentioned above, the Applicant prays for the following relief(s):

(a) Consider and allow the present application for exclusion of a period of 157 days from the CIRP process period for a period from 18th June 2023 to 21 November 2023 under Rule 11 of the NCLT, Rules, 2016 read with to Section 12 the Insolvency & Bankruptcy Code, 2016 read with Regulation 40 of the Insolvency & Bankruptcy (Insolvency Resolution) Regulations, 2016

Cont'd.../ 2

thereby extending CIRP process period up to 18th July 2024;

(b) The Hon'ble Tribunal be pleased to pass an order condoning the delay of 130 days in the filing of the present application for exclusion of the CIRP process period on accounts facts and circumstances mentioned in the present application.

(c) Issue such necessary orders for extension of moratorium period as may be deem fit; and

(d) Issue such other orders as may be necessary in the matter."

2. Learned counsel for the Appellant submits that in the application detail

facts were pleaded including the fact that there being inter se dispute between

the CoC regarding the replacement of Resolution Professional due to which

proceeding cannot proceed and the matter could be come to rest on

16.10.2023, hence, application was filed for exclusion of 157 days.

3. We have perused the order passed by the Adjudicating Authority. The

observation made by the Adjudicating Authority that inter se dispute could

not be a justifiable or proper ground for exclusion of 157 days whereas in the

application details of litigation was given and pendency of the applications

has been detailed by the Appellant which has not been adverted to. It may be

true that mere dispute between the CoC may not be relevant fact but when

applications were filed and litigation was made, the Adjudicating Authority

ought to have adverted to the details.

Company Appeal (AT) (Insolvency) No.1297 of 2024 3

4. In view of the above, we are of the view that ends of justice be served in

setting aside the order dated 24.04.2024 and reviving application IA

No.1855(MB)2024 for fresh consideration. Appeal is allowed. Let IA No.

1855(MB)2024 be revived before the Adjudicating Authority to be heard and

decided in accordance with law afresh. Appeal is disposed of.

[Justice Ashok Bhushan] Chairperson

[Barun Mitra] Member (Technical) Archana/nn

Company Appeal (AT) (Insolvency) No.1297 of 2024

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