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2022 (3) TMI 1416 - Tri - Insolvency and BankruptcySeeking exclusion of period from 20.03.2020 till the date of presentation of the present application - seeking direction to Corporate Debtor to deposit Rs. 2,00,000/- and also to recall the order dated 06.07.2021 apart from restraining IBBI against the applicant pursuant to the order dated 06.07.2021 - HELD THAT:- Reliance placed upon Ashish Chaturvedi Vs. Inox Leisure Ltd. and others [2020 (8) TMI 539 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHI] passed by Hon’ble NCLAT, whereby the period of 370 days was excluded due to the reason that there was non communication of order on the part of the Registry regarding initiation of the CIRP - The present matter is also of the same nature, as there was a default on the Registry to communicate order of initiation of CIRP proceeding dated 20.03.2020 to the Ld. IRP. Taking into consideration the above said facts and the principle laid down by the Hon’ble NCLAT in the matter of Ashish Chaturvedi Vs. Inox Leisure Ltd., in the present period stands excluded from 20.03.2020 till date, accordingly, Ld. IRP is directed to proceed further as per law from today onward. Simultaneously, the Operational Creditor is also directed to deposit the amount of Rs. 2,00,000/- as directed in the order dated 20.03.2020 immediately within three days, failing, which it should be treated as contemptuous in nature. Direction to IBBI - HELD THAT:- The issue is still pending before the Hon’ble NCLT, therefore, and no such order can be passed qua the prayer made by the Ld. Counsel for the IRP that IBBI may kindly be directed not to initiate any action against the IRP. The said prayer should be subject to the order passed by the Hon’ble NCLT as a matter sub-judice. Application disposed off.
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