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Exclusion from the period of CIRP - In the instant case, even ...


Court Rules CoC's Decision to Exclude 179 Days from CIRP Period Valid, Despite Not Republishing Form G.

May 7, 2021

Case Laws     Insolvency and Bankruptcy     AT

Exclusion from the period of CIRP - In the instant case, even though it is found that Regulation 30 C could have been applied for exclusion of 179 days on account of the unprecedented situation created by the Covid 19 pandemic and some of the Financial Creditors opined for fresh publication of form G for the invitation of EOI. But the COC had unanimously decided only for seeking exclusion of 179 days, i.e. from 5 May 2020 to 31 October 2020, for completion of CIRP. But the CoC, under its commercial wisdom, did not prefer for publication of Form-G afresh to invite Expression of Interest. Therefore such a decision of the CoC is not justifiable. - AT

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