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2022 (7) TMI 827 - Tri - Insolvency and BankruptcyExclusion of certain number of days from CIRP period - exclusion sought on the account of non-completion of the CIR Process during the IRP Period from the period of Corporate Insolvency Resolution Process of the Corporate Debtor - HELD THAT - Reliance placed on the judgment of Hon ble NCLAT referred to by the applicant in Quin Logistics India Pvt. Ltd. 2018 (6) TMI 904 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL NEW DELHI wherein it is held that for the following good reason and unforeseen circumstances the intervening period can be excluded for counting the total period of 270 days. Thus the relief sought for by the applicant may be considered as a special case. However before concluding the fact is to be noted that the former IRP Mr. Lukose Joseph has unnecessarily created a hurdle in the process on one pretext or the other and he has not followed the IBBI Regulations in its true spirit. A mere example is that even after his change and appointing the applicant as RP he took one month to hand over the physical copies of the documents. Such action of IRPs appointed should be viewed seriously. The period of 139 days i.e. 10 days from 03.11.2021 to 12.11.2021 72 days i.e. from 10.01.2022 to 23.03.2022 and another 57 days are excluded on account of non-completion of the Corporate Insolvency Resolution Process during the IRP Period from the period of Corporate Insolvency Resolution Process of the Corporate Debtor - application allowed.
Issues:
- Exclusion of specific periods from the Corporate Insolvency Resolution Process (CIRP) timeline. - Appointment and replacement of Interim Resolution Professional (IRP) and Resolution Professional (RP). - Delay in completion of CIRP activities and impact on the statutory timeline. - Request for extension of CIRP period by the Committee of Creditors (CoC). - Legal provisions and precedents governing exclusion of time periods in CIRP. Exclusion of Specific Periods from CIRP Timeline: The application sought exclusion of 139 days, 72 days, and an additional 57 days from the CIRP timeline due to various reasons, including the period without an RP, delays in appointment, and non-completion of CIRP activities. The Tribunal considered the applicant's arguments and approved the exclusion of these periods to facilitate the effective completion of the CIRP within the statutory timeline. Appointment and Replacement of IRP and RP: The Tribunal reviewed the sequence of events regarding the appointment and replacement of the IRP and subsequent appointment of the RP. It noted the delays caused by the former IRP and the necessity to exclude the period without an RP to ensure the smooth conduct of the CIRP. The Tribunal approved the appointment of the RP and acknowledged the need to exclude certain periods for the proper execution of CIRP activities. Delay in Completion of CIRP Activities and Impact on Statutory Timeline: The RP highlighted various pending actions essential for the CIRP, such as verification of claims, appointment of valuers, preparation of information memorandum, and other procedural requirements. The delay in completing these activities impacted the overall progress of the CIRP. The CoC sought an extension of the CIRP period to address these pending actions and ensure the effective resolution of the Corporate Debtor's insolvency. Request for Extension of CIRP Period by CoC: The CoC passed a resolution with a high voting percentage to seek an extension of up to 330 days to complete the CIRP due to the pending actions and delays in the process. The CoC's decision was based on the necessity to exclude specific periods and the need to address the incomplete CIRP matters within an extended timeframe. Legal Provisions and Precedents Governing Exclusion of Time Periods in CIRP: The Tribunal referenced a judgment by the Hon'ble NCLAT regarding the exclusion of certain periods in the CIRP timeline under specific circumstances. It outlined the scenarios where exclusion of time periods may be justified, including situations where the resolution process is stayed, no RP is functioning, or unforeseen circumstances delay the process. The Tribunal applied this legal framework to assess the applicant's request for exclusion of specific periods and granted the relief sought. In conclusion, the Tribunal allowed the application, excluding the specified periods from the CIRP timeline and directing the RP to complete the process promptly. It emphasized the importance of adhering to IBBI regulations and completing CIRP activities efficiently. The Registry was instructed to notify the IBBI about the order for appropriate action.
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