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2022 (4) TMI 776 - Tri - Insolvency and BankruptcySeeking for extension of 120 days for payment of balance amount on the date of approval of the Plan - HELD THAT - In spite of availing substantial time, the Applicant again filed the instant I.A. seeking further time of one month to pay the balance amount of ₹ 12.78 Crores along with additional amount of ₹ 15 lakh from the date of disposal of the instant I.A. In view of the intervening Covid-19 difficulties after the approval of the Plan, the Instant I.A. is allowed to the limited extent of granting one month from today to the Resolution Applicant to implement the Resolution Plan and also to pay the additional amounts as agreed by it in the previous order dated 06.08.2021 and also the latest letter of the State Bank of India dated 18.01.2022. Application disposed off.
Issues:
1. Application for seeking early hearing of I.A. No. 352 of 2021. 2. Application filed by the Successful Resolution Applicant seeking reliefs under Section 60(5) of the IBC, 2016. 3. Previous orders related to the Resolution Plan and extension of time for payment. 4. Request for further extension of time and additional payment. 5. State Bank of India's position on the extension request. 6. Payment issues related to the Monitoring Committee Member. 7. Decision on the instant application for extension and implementation of the Resolution Plan. Analysis: 1. The application was filed to expedite the hearing of I.A. No. 352 of 2021, which became unnecessary as the latter was already being heard, leading to the disposal of I.A. No. 49 of 2022. 2. The Successful Resolution Applicant sought an extension of one month for the balance payment of &8377; 12.78 Crores along with an additional &8377; 15 lakhs from the date of the tribunal's order. The Resolution Professional was directed to complete formalities promptly and transfer management to the Applicant within the specified time frame. 3. The Resolution Plan was initially approved by the CoC and the Tribunal, outlining various directions for implementation. Subsequently, extensions were granted for payment, with the Resolution Applicant requesting further time and the State Bank of India expressing willingness to consider the extension request subject to certain conditions. 4. Despite previous extensions, the Applicant requested an additional month for payment, citing Covid-19 difficulties. The tribunal allowed the extension, requiring the Applicant to fulfill all agreed payments and remunerations within the extended period, as per the Resolution Plan and the State Bank of India's conditions. 5. The State Bank of India, as the Sole Financial Creditor, indicated a willingness to approve the extension request provided certain financial obligations were met by the Applicant, including interest and expenses incurred during the delay in payment. 6. Issues related to the payment of the Monitoring Committee Member were raised, with the Applicant committing to settle all dues within the extended period, ensuring compliance with the agreed terms. 7. Considering the circumstances, including the impact of Covid-19, the tribunal granted the requested extension, directing the Applicant to implement the Resolution Plan, make additional payments as agreed, and settle remunerations owed to the Monitoring Committee Member within the stipulated time frame, thereby disposing of the instant application comprehensively.
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