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TMI Blog2021 (11) TMI 1045X X X X Extracts X X X X X X X X Extracts X X X X ..... .2020 would be entitled to extension of limitation till the 90th day from 15.03.2021. The learned NCLAT also did not notice the orders passed by this Court in IN RE: COGNIZANCE FOR EXTENSION OF LIMITATION [ 2021 (3) TMI 497 - SC ORDER ]. The learned Adjudicating Authority ought not to have rejected the claim of the appellant. The learned NCLAT erred in dismissing the appeal, without even considering the effect and impact of the orders of this Court in the suo motu writ petition - the appeal is allowed. - CIVIL APPEAL NO. 6553 OF 2021 - - - Dated:- 29-11-2021 - INDIRA BANERJEE AND J.K. MAHESHWARI, JJ. J U D G M E N T INDIRA BANERJEE, J. This appeal under Section 62 of the Insolvency and Bankruptcy Code 2016, hereinafte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed and neglected to pay a sum of ₹ 76,85,472/- due and payable to the Appellant in connection with the purchase order referred to above. The Appellant was therefore, constrained to invoke the Arbitration Clause in the contract between the Appellant and the Corporate Debtor. 4. The Appellant filed an application being AP No.840 of 2016 in the Calcutta High Court under Section 11 of the Arbitration and Conciliation Act, 1996 hereinafter referred to as the A C Act for appointment of an Arbitral Tribunal in respect of its aforesaid claim. By an order dated 29th September, 2016, a Single Bench of the Calcutta High Court appointed an Arbitrator to adjudicate the dispute that had arisen between the Appellant and the Respondent. 5. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... India being a Financial Creditor of the Corporate Debtor, filed an application before the Kolkata Bench of National Company Law Tribunal under Section 7 of the IBC, for initiation of Corporate Insolvency Resolution Process (CIRP) against the Corporate Debtor, and a Resolution Professional was appointed. 9. On or about 11th February, 2020 the CIRP was advertised and claims invited from creditors of the Corporate Debtor within the date stipulated in the advertisement. Soon thereafter, the entire country was engulfed by the COVID-19 pandemic, and a countrywide lockdown was imposed on 25.03.2020, which was extended from time to time. According to the appellant, in view of the COVID-19 pandemic and subsequent imposition of countrywide lockdo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tting its claim, as aforesaid alongwith an application for condonation of delay in filing its claim. 12. The said application under Section 60(5) of the IBC being IA/344 (KB) 2021 was delayed by about two months as the CEO of the Appellant, 72 years of age had been working from home at Chennai because of the COVID- 19 pandemic situation. Furthermore, there was a manpower crisis in the office of the Appellant at Chennai. By an order dated 9th July, 2021, the Adjudicating Authority dismissed the Application filed by the Appellant under Section 60(5) of the IBC for condonation of delay in filing its claim. 13. Being aggrieved the Appellant filed an appeal before the learned NCLAT under Section 61 of the IBC, which has been dismissed by t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ibunals and authorities. This order may be brought to the notice of all High Courts for being communicated to all subordinate Courts/Tribunals within their respective jurisdiction. 16. The aforesaid suo motu writ petition was disposed of by an order dated 8th March, 2021, the operative part whereof is set out herein below: We are of the opinion that the order dated 23.03.2020 has served its purpose and in view of the changing scenario relating to the pandemic, the extension of limitation should come to an end. 2. We have considered the suggestions of the learned Attorney General for India regarding the future course of action. We deem it appropriate to issue the following directions: - 1. In computing the period of limitation ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 3. The Suo Motu Writ Petition is disposed of accordingly. 17. Since the appellant was required to file its claim within 3 months from 11.02.2020, and the appellant actually filed claim well before 14th January, 2021, the claim ought not to have been rejected. The order dated 22.03.2020 of this Court was subsisting and in force. 18. In computing the limitation for any application, the period from 22.03.2020 till 14.3.2021 is to be excluded. All litigants whose limitation expired after 22.03.2020 would be entitled to extension of limitation till the 90th day from 15.03.2021. The learned NCLAT also did not notice the orders passed by this Court in suo motu Writ Petition (Civil) No. 3 of 2020. 19. The learned Adjudicating Authorit ..... X X X X Extracts X X X X X X X X Extracts X X X X
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