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TMI Blog2019 (3) TMI 1190X X X X Extracts X X X X X X X X Extracts X X X X ..... iraj Shetty. HELD THAT:- The earlier ‘Resolution Professional’ had not taken any effective steps due to which the ‘Committee of Creditors’ recommended to appoint the appellant on 15th June, 2018, and the appellant was intimated by the Adjudicating Authority on 16th August, 2018 and the matter is remained pending before the Adjudicating Authority for more than a month after which the order was passed on 6th August, 2018, we are of the view that the period between filing application for approval of the name of the appellant and date of communication of the order i.e.16th August, 2018 should be excluded for the purpose of counting the period of 270 days. This period for exclusion will be in addition to the exclusion of period as already mad ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... olution process . The Adjudicating Authority noticed that the petition under Section 9 preferred by the DBM Geotechnics Constructions Ltd. (Operational Creditor) was admitted on 25th March, 2018 and certified copy of the order was issued on 6th April, 2018. In view of the decision of this Appellate Tribunal in Quinn Logistics India Pvt. Ltd. v. Mack Soft Tech Pvt. Ltd. in Company Appeal (AT) (Insolvency) No. 185 of 2018 allowed partly by excluding 12 days period from 25th March, 2018 to 6th April, 2018. 2. The learned counsel appearing on behalf of the appellant challenged the impugned order dated 26th October, 2018 insofar it relates to exclusion of further period from 15th June, 2018 to 16th August, 2018. It is submitted ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pellant on 16th August, 2018 and he joined on the same date. 7. In Quinn Logistics India Pvt. Ltd. (supra) this Appellate Tribunal taking into consideration for the unforeseen circumstances observed that certain intervening period can be excluded for counting the total period of 270 days and observed as follows : 10. For example, for following good grounds and unforeseen circumstances, the intervening period can be excluded for counting of the total period of 270 days of resolution process:- ( i) If the corporate insolvency resolution process is stayed by a court of law or the Adjudicating Authority or the Appellate Tribunal or the Hon ble Supreme Court. ( ii) If no Resolution Professional is functioning f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e view that the period between filing application for approval of the name of the appellant and date of communication of the order i.e.16th August, 2018 should be excluded for the purpose of counting the period of 270 days. This period for exclusion will be in addition to the exclusion of period as already made by the Adjudicating Authority by impugned order dated 26th October, 2018. We accordingly direct to exclude the aforesaid period for counting 270 days. The Resolution Professional will now take immediate steps to take up the matter with Committee of Creditors and in turn the Committee of Creditors will pass appropriate order under Section 30 in accordance with law and place its decision before the Adjudicating Authority for its de ..... X X X X Extracts X X X X X X X X Extracts X X X X
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