2021 (1) TMI 1274 - AT - Insolvency and Bankruptcy

Maintainability of petition - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - Corporate Debtor was classified as NPA on 30th September, 2013 and application filed on 10th June, 2019 - whether application was barred by limitation or not - HELD THAT - Issue notice upon Respondent. Notice on behalf of Respondent No.2 is waived and accepted by Mr. Aditya Dewan, Advocate. No further notice need be issued to him. Let notice be issued upon Respondent No.1. Appellant to provide mobile Nos./ e-mail address of the Respondent No.1. Notice be issued through e-mail or any other available mode. Requisites along with process fee be filed within three days.

Summary

Issues: Timeliness of appeal, Limitation period for application under Section 7 of the Insolvency and Bankruptcy Code, 2016, Notice to Respondents, Exemption from filing typed copies of annexures, Continuation of CIRP pending approval of Resolution Plan.

Timeliness of Appeal: The judgment addresses the timeliness of the appeal against the impugned order dated 26th May, 2020. It notes that the appeal was filed on 8th January, 2021, within the stipulated time frame, as the free certified copy of the impugned order was made available to the Appellant on 21st December, 2020. The objection raised regarding the timeliness of the appeal is repelled.

Limitation Period for Application under Section 7: The appeal challenges the admission of the application filed by the Financial Creditor (Respondent No.1) under Section 7 of the Insolvency and Bankruptcy Code, 2016. The Appellant argues that the application, filed on 10th June, 2019, was barred by limitation since the account of the Corporate Debtor was classified as NPA on 30th September, 2013. This issue raises concerns regarding the calculation of the limitation period for initiating insolvency proceedings.

Notice to Respondents: The judgment directs the issuance of notice upon Respondent No.1, with the Appellant required to provide mobile numbers/email addresses for the same. Notice on behalf of Respondent No.2 is waived and accepted by their advocate, Mr. Aditya Dewan. Further notice need not be issued to Respondent No.2, streamlining the communication process in the legal proceedings.

Exemption from Filing Typed Copies of Annexures: The judgment disposes of I.A. No.63 of 2021, which sought exemption from filing typed copies of annexures that were deemed dim or illegible in the Company Petition record. The Appellant is directed to file a certified copy of the impugned order within one week, ensuring clarity and legibility in the case documentation.

Continuation of CIRP Pending Approval of Resolution Plan: I.A. No. 62 of 2021 is discussed, where it is highlighted that the Committee of Creditors has been constituted. The judgment directs that the Corporate Insolvency Resolution Process (CIRP) may continue, but the Adjudicating Authority is instructed not to make any decisions regarding the approval of the Resolution Plan until the next date of hearing, emphasizing procedural fairness and due process.

The judgment concludes by listing the appeal for admission (after notice) on 23rd February, 2021, indicating the next steps in the legal process. The detailed analysis of the issues involved provides a comprehensive understanding of the legal complexities addressed in the judgment by the National Company Law Appellate Tribunal.