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2020 (8) TMI 539 - AT - Insolvency and BankruptcyPrinciples of Natural Justice - Appellant submits that the ‘Adjudicating Authority’ passed impugned order dated 10.12.2019 by overlooking essential facts of the case and wrongly allowed the application filed by the ‘Insolvency Resolution Professional’ for exclusion of time - HELD THAT:- In the present case, as the corporate insolvency resolution process remained stayed for 166 days due to the interim order passed by the Adjudicating Authority on 15th September, 2017 which was vacated on 28th February, 2018, the ‘Committee of Creditors’ / ‘Resolution Professional’ rightly requested the Adjudicating Authority to exclude the period of 166 days for the purpose of counting the total period of 270 days. In an extraordinary circumstance(s), the ‘Adjudicating Authority’ can extend the ‘Corporate Insolvency Resolution Process’ beyond the time limit adumbrated in Section 12(3) of the Code. The extension of time can be only on an application made by the Insolvency Resolution Professional on the basis of ‘Committee of Creditors’ as mentioned in sub-Section 2 and 3 of Section 12 of the IBC, 2016. A glance of the impugned order dated 10.12.2019 indicates that the order of the ‘Adjudicating Authority’ dated 05.12.2018 was not communicated to the IRP as well as to the ‘Corporate Debtor by the office of the Adjudicating Authority (NCLT III New Delhi), due to inadvertence. - In this connection, this Tribunal relatively pointed out that ‘Maxim’, ‘Actus’, ‘Curiae’, ‘Neminem’, ‘Gravabit’ i.e. Act of the Court shall harm no Home-Sapien. Owing to an inadvertent omission on the part of the ‘Registry’ of the ‘Adjudicating Authority’, exclusion of period was rightly allowed. Appeal dismissed.
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