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TMI Blog2023 (7) TMI 1396X X X X Extracts X X X X X X X X Extracts X X X X ..... majority of the vote of 91.92% by the CoC and at that time the CoC was aware that 330 days time period in respect of the Corporate Debtor had already been over. Moreover, it has been categorically observed by the Adjudicating Authority that neither any plan was pending nor any application under Section 12A of the Code was pending for their consideration, therefore, the period of CIRP cannot be extended on the flimsy grounds much beyond the period of 330 days as has been held by the Hon ble Supreme Court in the case of Essar Steels Through Authorised Signatory [ 2019 (11) TMI 731 - SUPREME COURT ]. Therefore, the applications filed for extension of time by the RP has rightly been dismissed and the application filed by the RP for an order of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or Hearing, the I.A.No.418 of 2021 filed by the Appellant / Petitioner seeking urgent hearing of the main Company Appeal stands closed. Heard the Learned Counsel Mr.T.K. Bhaskar, Advocate appearing for the Appellant in the present main Company Appeal. At this stage, the Learned Counsel for the 1st Respondent/Bank of India Mr.T. Ravichandran informs this Tribunal that he appears for the 1st Respondent and prays for time to file Vakalat and accordingly he is permitted to file Vakalat. He is also permitted to file Reply/Response/Counter of 1st Respondent within 10 days from today, before the Office of the Registry not only through e-filing but also through Hardcopy and the same shall be exchanged between the parties well in advance before the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... this matter on 26.04.2022. 4. On 26.04.2022, the NCLAT passed the following order which is reproduced as under:- Adequate opportunity has been provided to the Appellant. As such, the order dated 18.04.2022 passed by this Tribunal is not availed by the Appellant, as of today. Hence, it is made clear that there is no Interim Order prevailing in the instant Appeal . Added further, the Interim Resolution Professional / Respondent No.2 is to proceed further in the manner known to law and in accordance with the law. The Office of the Registry is directed to List the matter on 14.07.2022. 5. It is pertinent to mention that the period of CIRP was extended by the CoC and consequently by the Adjudicating Authority from time to time. The RP filed thr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sideration before the Adjudicating Authority, therefore, it has observed that there is no question of extending the period further beyond the period of 330 days and dismissed all three applications filed by the RP observing that the RP is blowing hot and cold in the same breath because he has filed the applications for extension of period of 330 days as well as the application for liquidation of the corporate debtor as the earlier two resolution plans were rejected with 91.92% votes and no further plan was there. 8. Counsel for the Appellant has argued vehemently and could only refer to the application i.e. Diary No. 3305118/01516/2023 whereby the RP had asked for extension of time from 21.05.2023 to 18.08.2023 and submitted that at the tim ..... X X X X Extracts X X X X X X X X Extracts X X X X
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