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TMI Blog2021 (2) TMI 519X X X X Extracts X X X X X X X X Extracts X X X X ..... itral Tribunal in its order dated 27th October, 2020. Section 29A(5) of the 1996 Act merely authorizes the Court to extend the mandate of the Arbitral Tribunal, on its expiry without completion of the arbitral proceedings. It is, no doubt, open to the respondent to question the maintainability of the petition preferred under Section 29A(5). Mr Tripathi has done so and, as opined hereinabove, the challenge fails to impress. All other issues, regarding the competence of the RP to represent the petitioner in the arbitral proceedings, or the impact, on the arbitral proceedings, of the proceedings pending before the learned NCLT or NCLAT, and the orders passed therein, would appropriately have to be addressed before the learned Arbitral Tribunal, and not before this Court, exercising jurisdiction under Section 29A(5). The submission merely requires to be stated, to be rejected. Para 4 of the resolution clearly approves the appointment of Mr. Anish Niranjan Nanavaty as the Resolution Professional. Mr. Tripathi has not been able to show me any provision in the IBC, which limits the authority of the Resolution Professional and does not authorize the Resolution Professional, overseein ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al proceedings and render award. 4. A reply to the present petition has been filed by the respondent, which is represented by Mr. Nalin Tripathi, learned counsel. Mr. Tripathi, essentially, questions the competence of the petitioner, as RP, to file the present petition on behalf of the company. Reliance has been placed, for this submission, on Section 12 of the IBC, which reads thus: 12. Time-limit for completion of insolvency resolution process (1) Subject to sub-section (2), the corporate insolvency resolution process shall be completed within a period of one hundred and eighty days from the date of admission of the application to initiate such process. (2) The resolution professional shall file an application to the Adjudicating Authority to extend the period of the corporate insolvency resolution process beyond one hundred and eighty days, if instructed to do so by a resolution passed at a meeting of the committee of creditors by a vote of sixty-six per cent of the voting shares. (3) On receipt of an application under sub-section (2), if the Adjudicating Authority is satisfied that the subject matter of the case is such that corporate insolvency resol ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s provisions and to adhere to the prescribed timelines for taking the Resolution Process to its logical conclusion in order to obviate and mitigate such hardships, this Appellate Tribunal in exercise of powers conferred by Rule 11 of National Company Law Appellate Tribunal Rules, 2016 r/w the decision of this Appellate Tribunal rendered in Quinn Logistics India Pvt. Ltd. vs. Mack Soft Tech Pvt. Ltd. in Company Appeal (AT) (Insolvency) No.185 of 2018 decided on 8th May, 2018 do hereby order as follows: - (1) That the period of lockdown ordered by the Central Government and the State Governments including the period as may be extended either in whole or part of the country, where the registered office of the Corporate Debtor may be located, shall be excluded for the purpose of counting of the period for Resolution Process under Section 12 of the Insolvency and Bankruptcy Code, 2016, in all cases where Corporate Insolvency Resolution Process has been initiated and pending before any Bench of the National Company Law Tribunal or in Appeal before this Appellate Tribunal. (2) It is further ordered that any interim order/ stay order passed by this Appellate Tribunal in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Chairperson, State Executive Committee has issued an Order dated 30th September, 2020 and 14th October, 2020 (extended by order dated 29th October, 2020 and 27th November, 2020) for containment of COVD-19 in the State, for a period upto 31st December, 2020 and issued revised guidelines by including certain activities from time to time vide above mentioned orders. Whereas the State Government is satisfied that the State of Maharashtra is threatened with the spread of COVID-19 virus, and therefore to take certain emergency measures to prevent and contain the spread of virus, the Government in exercise of the powers conferred under Section 2 of the Epidemic Diseases Act, 1897, read with all other enabling provisions of The Disaster Management Act, 2005, it is expedient to extend the lockdown in the entire State of Maharashtra further till 31st January, 2021. Now, therefore, in exercise of the powers conferred under Section 2 of the Epidemic Diseases Act, 1897 and the powers conferred under The Disaster Management Act, 2005, the undersigned, in his capacity as Chairperson, State Executive Committee, hereby issues directions that the guidelines issued vide orders dated 30th S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to contain the spread of COVID-19. Whereas the State Government is satisfied that the State of Maharashtra is threatened with the spread of COVID-19 virus, and therefore to take certain emergency measures to prevent and contain the spread of virus, the Government in exercise of the powers conferred under Section 2 of the Epidemic Diseases Act, 1897, read with all other enabling provisions of The Disaster Management Act, 2005, it is expedient to extend the lockdown in the entire State of Maharashtra further till midnight of 30th September, 2020. Now, therefore, in exercise of the powers conferred under Section 2 of the Epidemic Diseases Act, 1897 and the powers conferred under The Disaster Management Act, 2005, the undersigned, in his capacity as Chairperson, State Executive Committee, hereby issues directions to extend the lockdown, with amendments, to operationalize MISSION BEGIN AGAIN for easing of restrictions and phase-wise opening, will remain in force till 30th September, 2020 for containment of COVID-19 epidemic in the State and all Departments of Government of Maharashtra shall strictly implement the guidelines issued earlier from time to time. It is directed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tate. As to whether, seen in the backdrop of the order dated 31st August, 2020 (supra) of the State of Maharashtra, on which Mr. Tripathi places reliance, Mr. Anish Niranjan Nanavaty would be entitled to continue as Resolution Professional on the strength of para 1 of the order dated 30th March, 2020 (supra) of the NCLAT, is an involved issue which, in my view, is not required to be examined by this Court in exercising jurisdiction under Section 29A(5) of the 1996 Act. Suffice it to state that it cannot be said, on a plain reading, that the present petition, at the instance of Mr. Anish Niranjan Nanavaty, is not maintainable, or that it should be thrown out on that ground. 12. That there is an arbitral proceeding ongoing between the Company and the respondent, is not denied. Mr. Tripathi has not been able to afford any other sustainable ground, as to why the mandate of the learned Arbitral Tribunal should not be continued, as prayed in the petition. 13. In fact, a reading of the counter affidavit filed by the BSNL, indicates that the learned Arbitral Tribunal is also conscious of the pendency of the CIRP proceedings pending before the NCLT, and the question of whether the man ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 39;ble Delhi High Court under Section 29A of the Arbitration and Conciliation Act, 1996 seeking extension of time in making the award and that in the meanwhile the arbitral Tribunal could fix a case management hearing through video conferencing. The second proviso under Section 29A(4) inserted by the arbitration and Conciliation (Amendment) Act 2019 states that where any application under the Section 29A(5) for extension of time for the award is pending, the mandate of the arbitrator shall continue till disposal of the application by the High Court. Hence, the Claimant and the Resolution Professional are requested to make the application for extension before the Hon'ble High Court and intimate the arbitral Tribunal that such an application has been filed giving the particulars of such application. As soon as the arbitral Tribunal receives this intimation, it will fix a date and time for case management hearing of the arbitration case after finding out the convenience of all concerned. With regards Sd./- AK. Patnaik (Presiding Arbitrator) 14. Section 29A(5) of the 1996 Act merely authorizes the Court to extend the mandate of the Arbitral Tribunal, o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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