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TMI Blog2020 (12) TMI 757X X X X Extracts X X X X X X X X Extracts X X X X ..... ncy Resolution Process by making an observation that the reasons stated are not plausible. The reasons assigned for seeking such exclusion and why the same did not prevail with the Adjudicating Authority have not been addressed. The impugned order to this extent can safely be termed to be a non-speaking order and cannot be supported. Judicial notice has been taken of the hardship caused, curbs ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... solution Process in respect of the Corporate Debtor American Swan Lifestyle Co. Pvt. Ltd. , against impugned order dated 23rd October, 2020 passed by the Adjudicating Authority (National Company Law Tribunal) New Delhi, Court II by virtue whereof the Adjudicating Authority, while declining exclusion of 167 days allowed exclusion only to the extent of 68 days from initial period of 180 days of C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ws. Though, this direction given by the Hon ble Apex Court under Article 142 r/w Article 141 of Constitution of India has not been specifically made applicable to matters other than filing of petition, applications, suits, appeals, etc, the spirit behind it holds good in other proceedings as well. The Hon ble Apex Court has taken note of the difficulties arising out of the imposition of lockdown i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2020, many restrictions were continuing in the entire NCR area where the Corporate Debtor and its Registered Office is located. The Interim Resolution Professional and his team could not perform its function due to restrictions on movement. 6. Judicial notice has been taken of the hardship caused, curbs on movement and normal business activities which is evident from order passed by the Hon bl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eking extension of time based on cogent reasons, the Resolution Professional shall be at liberty to seek the same from the Adjudicating Authority. The appeal is accordingly allowed with direction to the Appellant Interim Resolution Professional to carry forward the Corporate Insolvency Resolution Process with expedition. 8. A copy of this order be communicated to the Adjudicating Authority (N ..... X X X X Extracts X X X X X X X X Extracts X X X X
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