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2020 (12) TMI 1232 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHISeeking exclusion of period and extension of Corporate Insolvency Resolution Process (CIRP for short) period - Resolution Professional had fallen sick around 01st September, 2020, and subsequently tested positive for COVID-19 on 18th September, 2020, which hampered progress in the conduct of CIRP - HELD THAT:- The Appellant was, in the wake of outbreak of COVID-19 declared as Pandemic culminating in imposition of Nationwide lockdown w.e.f 25th March, 2020, prevented from undertaking further steps for bringing the CIRP to logical conclusion. There is ample proof on record 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 business coming to a grinding halt, COC as an institution cannot be said to have got dissolved. The COC would not be deemed to have been dissolved, at least for the purposes of passing of Resolution seeking exclusion of Lockdown period and extension of CIRP period beyond the prescribed time of 180 days. There being cogent reasons for acceding to the prayer made in this appeal, we find that the impugned order cannot be sustained. The exclusion of 203 days w.e.f. 15th March, 2020 till 4th October, 2020 (inclusive of the period for which the petitioner was immobilized as a victim of COVID-19) from CIRP period of 180 days is allowed - Appeal is accordingly allowed with direction to the Appellant to carry forward the CIRP with expedition.
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