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2021 (1) TMI 142 - Tri - Insolvency and BankruptcyExclusion of the time period in relation to CIRP - inherent powers of this Tribunal under Rule 11 of NCLT Rules 2016 - HELD THAT - Taking into consideration the decision of the Hon ble Supreme Court in SWISS RIBBONS PVT. LTD. AND ANR. VERSUS UNION OF INDIA AND ORS. 2019 (1) TMI 1508 - SUPREME COURT as well as the Hon ble NCLAT rendered in IN RE SUO MOTO 2020 (6) TMI 495 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL NEW DELHI following the matter of QUINN LOGISTICS INDIA PVT. LTD. VERSUS MACK SOFT TECH PVT. LTD. MOHD. SABIR PARVEZ AND MR. M.L. JAIN (RESOLUTION PROFESSIONAL) 2018 (6) TMI 904 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL NEW DELHI in relation to the exclusion of the time period in relation to CIRP analogy being adopted in the implementation of the Resolution Plan this Tribunal allows the Application by excluding the time period from 15.03.2020 to 30.06.2020 for the purpose of implementing the Resolution Plan. Application allowed.
Issues: Urgent hearing of application for implementation of Resolution Plan due to Covid-19 pandemic
In the judgment delivered by the National Company Law Tribunal, Chennai Bench, the Resolution Applicant filed IA/572/IB/2020 seeking implementation of the Resolution Plan approved by the Tribunal on 04.03.2020. The Applicant, represented by Counsel, highlighted the challenges faced due to the Covid-19 pandemic, which led to restrictions on travel between states affecting the takeover of assets from the Corporate Debtor. The Applicant requested an extension of time to implement the Resolution Plan, citing the impact of the pandemic and subsequent easing of restrictions. The Applicant provided a detailed implementation schedule and activities required for plan execution. The Counsel argued for exclusion of the period between 15.03.2020 and 30.06.2020 to facilitate plan implementation, invoking the inherent powers of the Tribunal under Rule 11 of NCLT Rules, 2016, supported by the decision of the Hon'ble Supreme Court in Swiss Ribbons Pvt. Ltd. & Anr. v. Union of India & Ors. The Tribunal, considering the precedents and the impact of Covid-19, allowed the Application, excluding the mentioned period for Resolution Plan implementation. The Tribunal's decision was influenced by the guidance provided by the Hon'ble Supreme Court and the NCLAT, emphasizing the need to adapt to the exceptional circumstances created by the Covid-19 pandemic. The Tribunal recognized the difficulties faced by the Resolution Applicant in executing the plan within the stipulated timeframe due to travel restrictions and operational challenges. By allowing the exclusion of time from 15.03.2020 to 30.06.2020, the Tribunal aimed to provide the necessary flexibility for the Applicant to successfully implement the Resolution Plan. This decision aligns with the principles of fairness and practicality, acknowledging the unprecedented disruptions caused by the pandemic and the need for adaptive measures in insolvency proceedings. The Tribunal's ruling demonstrates a balanced approach, considering both legal precedents and the unique challenges posed by the global health crisis, ensuring the effective administration of justice in the context of evolving circumstances.
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