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2021 (1) TMI 342 - Tri - Insolvency and BankruptcySeeking extension Corporate Insolvency Resolution Process period by 60 days - Section 60(5) of Insolvency Bankruptcy Code (IBC), 2016, Read with Rule 11 of National Company Law Tribunal Rules, 2016 - HELD THAT - The Adjudicating Authority already extended CIRP by 90 days as per Section 12 of the Code. It is true the lockdown period due to Covid-19 pandemic is allowed to be excluded from the CIRP. The lockdown started from 25.03.2020 and in the State of Telangana it was extended up to 07.06.2020. Therefore, CIRP of 270 days was expired by 19.06.2020. However, second proviso to Section 12 of IBC allows CIRP to be completed within 330 days. Even though there is no question of another extension, however, by virtue of second proviso to Section 12 of the Code, the CIRP to be completed within 330 days from the insolvency commencement date after exclusion of lockdown period. So, a direction can be given to the Resolution Professional to complete the CIRP within 330 days which will be over by 19.08.2020 after excluding the lockdown period. The Resolution Professional is directed to complete the CIRP by 19.08.2020 relying on second proviso to Section 12 of the Code - application allowed.
Issues:
Extension of Corporate Insolvency Resolution Process period by 60 days under Section 60(5) of Insolvency & Bankruptcy Code (IBC), 2016. Analysis: 1. Application for Extension of CIRP Period: The application sought an extension of the Corporate Insolvency Resolution Process (CIRP) period by 60 days under Section 60(5) of the IBC, 2016, due to various delays and the impact of the COVID-19 pandemic lockdown. The Resolution Professional requested the exclusion of the lockdown period for calculating the CIRP timeline, as per Regulation 40C of the Insolvency and Bankruptcy Board of India Regulations. 2. Legal Arguments for Extension: The Counsel for the Resolution Professional argued that the CIRP could not be completed within the stipulated period due to the lockdown imposed by the Central Government and subsequently extended by the Government of Telangana. Referring to the decision in the Essar Steel case by the Supreme Court, it was contended that extensions of CIRP timelines are permissible in appropriate cases, as mandated by the second proviso to Section 12 of the IBC. 3. Tribunal's Decision: The Tribunal acknowledged the previous extension of CIRP by 90 days and the exclusion of the lockdown period from the CIRP timeline. While recognizing that the 270-day period expired by 19.06.2020, the Tribunal emphasized that the CIRP must be completed within 330 days as per the second proviso to Section 12 of the IBC. Consequently, the Tribunal directed the Resolution Professional to conclude the CIRP by 19.08.2020, considering the exclusion of the lockdown period. 4. Conclusion: The Tribunal allowed the application for extension, setting a new deadline for the completion of the CIRP. The decision highlighted the importance of adhering to the statutory timelines while accommodating exceptional circumstances such as the impact of the COVID-19 pandemic on the insolvency resolution process. This detailed analysis of the judgment from the National Company Law Tribunal, Hyderabad Bench, provides a comprehensive overview of the issues addressed, legal arguments presented, and the Tribunal's decision regarding the extension of the Corporate Insolvency Resolution Process period.
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