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2022 (7) TMI 827 - Tri - Insolvency and BankruptcyExclusion of certain number of days from CIRP period - exclusion sought on the account of non-completion of the CIR Process during the IRP Period from the period of Corporate Insolvency Resolution Process of the Corporate Debtor - HELD THAT:- Reliance placed on the judgment of Hon'ble NCLAT referred to by the applicant in Quin Logistics India Pvt. Ltd. [2018 (6) TMI 904 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHI], wherein it is held that for the following good reason and unforeseen circumstances, the intervening period can be excluded for counting the total period of 270 days. Thus, the relief sought for by the applicant may be considered as a special case. However, before concluding, the fact is to be noted that the former IRP, Mr. Lukose Joseph has unnecessarily created a hurdle in the process on one pretext or the other and he has not followed the IBBI Regulations in its true spirit. A mere example is that even after his change and appointing the applicant as RP, he took one month to hand over the physical copies of the documents. Such action of IRPs appointed should be viewed seriously. The period of 139 days i.e., 10 days from 03.11.2021 to 12.11.2021, 72 days i.e., from 10.01.2022 to 23.03.2022 and another 57 days are excluded on account of non-completion of the Corporate Insolvency Resolution Process during the IRP Period from the period of Corporate Insolvency Resolution Process of the Corporate Debtor - application allowed.
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