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Sanjay Gupta, Resolution ... vs Committee Of Creditor, Topworth Pipes & ...

National Company Law Appellate Tribunal3 February 2020

Ratio decidendi

The rule this decision rests on

The Tribunal declined to interfere with the impugned order because the corporate insolvency resolution process had run beyond the statutory outer limit of 330 days from admission, and no resolution plan was available for approval; in such circumstances, with the 330-day limit under Section 12 having expired, the process cannot be continued and the matter must proceed towards liquidation under Section 33(1), so that the Resolution Professional is directed to convene a meeting of the Committee of Creditors to take the steps necessary to seek a liquidation order from the Adjudicating Authority.

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

Judgment

As delivered

NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHI Company Appeal(AT) (Insolvency) No. 1098 of 2019 IN THE MATTER OF: Mr. Sanjay Gupta, R.P. of Topworth Pipes & Tubes Pvt. ...Appellant Ltd. Vs Committee of Creditor, Topworth Pipes & Tubes Pvt. ....Respondent Ltd. Present: For Appellant: Mr. Abhishek Anand and Ms. Honey Satpal, Advocates for RP

For Respondent: Mr. Sanjay Kapur and Mr. V.M. Kannan, Advocates

ORDER

03.02.2020 Heard learned Counsel for the Appellant-Resolution

Professional and Advocate for the Committee of Creditors (in short 'CoC').

Perused various orders passed by this Tribunal in this Appeal. This Appeal was

basically filed for exclusion of 89 days from the period of 270 days. As it was

stated to this Tribunal that there is hope of Resolution Plan being passed, this

Tribunal by order dated 21.10.2019 directed the Adjudicating Authority not to

pass order of liquidation and permitted the CoC to continue with process of

consideration of Resolution Plans received but decision taken was to be subject

to the decision of this Appeal. Subsequently, in spite of opportunities given, it

appears that till now there is no Resolution Plan which could be approved or

available for consideration of CoC. The Plans received earlier are said to have

been rejected.

The Application under Section 7 of Insolvency and Bankruptcy Code, 2016

(in short 'IBC') in the present matter was admitted on 11.12.2018. Apparently

now even more than 330 days have passed even if we look at amended Section

Company Appeal(AT)(Insolvency) No. 1098 of 2019 Page 1 of 2 12 of IBC. In the circumstances, we do not interfere with the Impugned order.

Keeping in view Section 33(1) of IBC, we dispose of the present Appeal with a

direction to the Appellant-RP to urgently call meeting of CoC so that further steps

to seek order for liquidation from the Adjudicating Authority could be taken.

Appellant will then move Adjudicating Authority so that further orders could be

taken keeping in view Section 33(1) of IBC. Needful be done in two weeks.

Appeal is disposed accordingly.

[Justice A.I.S. Cheema] Member (Judicial)

[Justice Anant Bijay Singh] Member (Judicial)

(Kanthi Narahari) Member(Technical) Akc/Md

Company Appeal(AT)(Insolvency) No. 1098 of 2019 Page 2 of 2

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