2020 (8) TMI 887 - AT - Insolvency and Bankruptcy

Seeking extension of time to submit Resolution Plan alongwith Expression of Interest (EOI) - HELD THAT - Section 12 of the IBC, 2016 provides for a time line of 180 days for completion of CIRP and even if we consider extended period it is another 90 days and hence within 270 days the CIRP should be completed - Although it is directory that CIRP can be completed upto a period of 330 days or so which is largely to consider the time frame of judicial process. Hence, practically all attempt be made to complete the CIRP within 270 days. In the present case already two Resolution Plans have been received and hence the aspect of competitive bidding is complied with, if the present Appellant is permitted, it will open a floodgate for such applications will derail CIRP purpose of IBC, not only in this case but in other cases also. Appeal dismissed.

Summary

Issues: Extension of time for submission of Resolution Plan and Expression of Interest in a Corporate Insolvency Resolution Process (CIRP).

Analysis:
The Appellant sought an extension of time to submit a Resolution Plan and Expression of Interest in the ongoing Corporate Insolvency Resolution Process (CIRP) of a specific Corporate Debtor. The Appellant argued that only two Resolution Plans had been received so far, and not accepting their proposal would hinder the maximization of asset value and the promotion of entrepreneurship, which are the objectives of the Insolvency and Bankruptcy Code. The Resolution Professional had initially set deadlines for submission of EOI and Resolution Plans, which were later extended due to a lack of submissions. The Committee of Creditors rejected the Appellant's request for an extension beyond the extended timeline, citing the impending expiry of the maximum 330-day period for completing the CIRP.

The legal framework under Section 12 of the Insolvency and Bankruptcy Code, 2016 mandates a timeline of 180 days for completing the CIRP, with a possible extension of another 90 days, totaling 270 days. While the Code allows for a maximum period of 330 days for CIRP completion, it is emphasized that efforts should be made to conclude the process within 270 days to avoid delays. The Tribunal noted that two Resolution Plans had already been received, ensuring competitive bidding compliance. Allowing the Appellant's request for an extension could set a precedent leading to numerous similar applications, potentially derailing the CIRP process and defeating the purpose of the Insolvency and Bankruptcy Code. Consequently, the Tribunal found the appeal lacking merit and dismissed it, emphasizing the importance of timely CIRP completion to uphold the objectives of the Code.