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TMI Blog2020 (12) TMI 1232X X X X Extracts X X X X X X X X Extracts X X X X ..... ord to hold that the Appellant was tested positive for COVID-19 after falling sick and he became inactive due to medical reason being on self-isolation and quarantined. Thus, despite his earnest effort he was unable to convene meeting of the COC. Even an attempt made at convening such meeting through digital platform proved futile due to falling ill. In the given circumstances, the Adjudicating Authority should have taken these factors into consideration which warranted mitigating the hardship and not compounding the same. The COC, which was in existence, had not been dissolved and once the Nationwide lockdown was imposed as a sequel to outbreak of COVID-19 declared as Pandemic resulting in all activities related to trade and commerce busin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iling the impugned order inter alia on the ground that the Resolution Professional had fallen sick around 01st September, 2020 necessitating to go into self-isolation and that he subsequently tested positive for COVID-19 on 18th September, 2020, which hampered progress in the conduct of CIRP. 2. It is submitted by the Appellant- Resolution Professional appearing in person that on account of being in self-isolation and quarantined as a victim of COVID-19 Pandemic, he could not carry on the CIRP. It is submitted that even when he was still in quarantine, due to urgency in the matter, he issued notice on 22nd September, 2020 convening meeting of COC on 24th September, 2020 through virtual mode but his efforts turned futile as his ill health ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ardship and not compounding the same. The COC, which was in existence, had not been dissolved and once the Nationwide lockdown was imposed as a sequel to outbreak of COVID-19 declared as Pandemic resulting in all activities related to trade and commerce business coming to a grinding halt, COC as an institution cannot be said to have got dissolved, moreso, when taking factors of Pandemic into consideration, fresh filing of applications under Sections 7, 9 10 of the I B Code was suspended and in suo moto jurisdiction of the Hon ble Apex Court and this Appellate Tribunal, the limitation was extended. Having conspectus of all these relevant factors, we are inclined to hold that the COC would not be deemed to have been dissolved, at least fo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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