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TMI Blog2019 (9) TMI 1218X X X X Extracts X X X X X X X X Extracts X X X X ..... AIN, (RESOLUTION PROFESSIONAL) [ 2018 (6) TMI 904 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHI] , we allow the prayer as made in this appeal and exclude the period of 35 days for the purpose of counting 180 days or 270 days of Resolution Process - We also exclude the period of pendency of 18 days during which the application remained pending before the Adjudicating Authority. Thereby, we exclude the total period of 53 days for the purpose of counting 180 days or 270 days. Part of the impugned order dated 30th April, 2019 passed by the Adjudicating Authority is set aside - rest part of the impugned order is affirmed - appeal disposed off. - Company Appeal (AT) (Insolvency)No. 603 of 2019 - - - Dated:- 2-7-2019 - Mr S. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... issue fell before this Appellate Tribunal in Quinn Logistics India Pvt. Ltd., 2018, SCC Online, NCLAT 243. Taking into consideration the situation like aforesaid, this Appellate Tribunal observed and held as follows: 9. From the decisions aforesaid, it is clear that if an application is filed by the Resolution Professional or the Committee of Creditors or any aggrieved person for justified reasons, it is always open to the Adjudicating Authority/Appellate Tribunal to exclude certain period for the purpose of counting the total period of 270 days, if the facts and circumstances justify exclusion, in unforeseen circumstances. 10. For example, for following good grounds and unforeseen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... time limit prescribed under the Code. In the present case, as the Corporate Insolvency Resolution Process could not proceed in the absence of Resolution Professional for 35 days the case of Appellant being covered by decision of this Appellate Tribunal in Quinn Logistics India Pvt. Ltd. , we allow the prayer as made in this appeal and exclude the period of 35 days for the purpose of counting 180 days or 270 days of Resolution Process . We also exclude the period of pendency of 18 days during which the application remained pending before the Adjudicating Authority. Thereby, we exclude the total period of 53 days for the purpose of counting 180 days or 270 days. Part of the impugned order dated 30t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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