TMI Blog2021 (7) TMI 1283X X X X Extracts X X X X X X X X Extracts X X X X ..... NT KUMAR SARANGI, HON'BLE MEMBER (TECHNICAL) For the Applicant: Mr. Harish Taneja, RP ORDER PER- SH. HEMANT KUMAR SARANGIQ MEMBER (TECHNICAL) 1. The present application is being filed by Mr. Harish Taneja (hereinafter referred to as "the Applicant/RP"), for excluding the time period lapsed due to non-availability of records, assets, books of accounts and Covid-19 from the ongoing CIRP. 2. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es of the 5th meeting of COC is attached along with the I.A. The Applicant further states that, the issue of exclusion of 'certain period' came up for consideration before the Hon'ble NCLAT in Quinn Logistics India Ltd. v. Mack Soft Tech Pvt. Ltd, Comp App. (AT) (INS) No. 185 of 2018, whereby it was stated that, "...it is open to the Adjudicating Authority/ Appellate Tribunal to 'e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is equal to 270 days). But this 330-day period includes the time taken in legal proceedings in relation to such resolution process of the corporate debtor." 4. The Applicant states that by way of present Application it seeks an exclusion of the intervening period from the commencement of CIRP i.e., from 05.11.2019 till the disposal of application filed under section 19(2) of I & B Code, 2016 file ..... X X X X Extracts X X X X X X X X Extracts X X X X
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