TMI Blog2019 (7) TMI 1482X X X X Extracts X X X X X X X X Extracts X X X X ..... MR H.P. CHATURVEDI, MEMBER JUDICIAL AND MS. SAROJ RAJWARE, MEMBER TECHNICAL For The Applicant : Mr Rahul Agarwal Adv. Alongwith Sayed Fahim Ahmed Adv. For The Respondent : Sh Zain Abbas, Adv. For The CoC : Sh Dinkar Singh, Advocate For The Suspended Board of Dorector : Sh. Arun Saxena Alongwith Shivam Mishra, Advs. ORDER As Per :-H.P. Chaturvedi, Member (Judicial) 1. This present application is filed on behalf of Resolution Applicant under Section 60(5) read with other Provisions of Insolvency and Bankruptcy Code, 2016 and Rules made thereafter, by the Resolution Applicant against the rejection of the Resolution plan by Resolution Applicant made before the Resolution Professional. 2. Brief facts raising to the present application are that:- (i) The Resolution Applicant came to know that the Expression of Interest ( EOI ) was published by the resolution Professional on 22nd July, 2018 for inviting the Prospective Resolution Applicants to submit their Resolution Plan for the corporate Debtor which is under Corporate Insolvency ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... loyees are actively seeking for resolution plan for saving the company from its liquidation and to participate in the revival of the company. Hence they wish very well expecting the applicant to submit the Resolution Plan. 8. Hence they have prayed for the present application may be allowed. 9. We have gone through the contents of the above sated CA and reply filed thereof. We also examined the merits of the present case. As per record, it is undisputed position in the matter that the Resolution Professional did not consider the resolution plan of the Applicant for such reason that resolution plan was filed by resolution applicant after expiry of EOI and at a very belated stage i.e. on 268th day. Hence, the main ground for not considering the resolution plan of the applicant is that there was no time left to entertain any resolution plan and to consider at this stage, as the Resolution Professional has conducted the entire process as per timeline defined under IBC and so as he was duty bound to adhere to such timeline thus he refused to consider such resolution plan. 10. We dully considered the above given facts and circumstances of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Code is the balance to be maintained between timely completion of the corporate insolvency resolution process, and the corporate debtor otherwise being put into liquidation. We must not forget that the corporate debtor consists of several employees and workmen whose daily bread is dependent on the outcome of the corporate insolvency resolution process. If there is a resolution applicant who can continue to run the corporate debtor as a going concern, every effort must be made to try and see that this is made possible. A reasonable and balanced construction of this statute would therefore lead to the result that, where a resolution plan is upheld by the Appellate Authority, either by way of allowing or dismissing an appeal before it, the period of time taken in litigation ought to be excluded. This is not to say that the NCLT and NCLAT will be tardy in decision making. This is only to say that in the vent of NCLT, or the NCLAT, or this Court taking time to decide an application beyond the period of 270 days, the time taken in legal proceedings to decide the matter cannot possible be excluded, as otherwise a good resolution plan may have to be shelved, resulting in corporate dea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... workmen whose daily bread is dependent on the outcome of the CIRP. If there is a resolution applicant who can continue to run the Corporate debtor as a going concern, every effort must be made to try and see that this is made possible. The main objective of the Code is for Resolution of the Corporate Debtor rather than liquidation. If the liquidation is ordered that too when the liquidation value is very meagre, nobody will gain. Considering the primary objective of the Code which prefers Resolution of any Corporate Debtor even at the remotest of possible opportunity, yes, this Bench is certainly inclined to afford an opportunity to the investor identified by the Applicant Association to submit the Resolution Plan even at the cost of excluding the time periods that got wasted in waiting for prospective investors, if at all he is eligible and financially sound in accordance with the real spirit of the Code. Accordingly, the investor may file an appropriate application on or before 07.01.2019 with details of this net worth so that further direction will be given in this matter in this regard. It is made very clear that the Resolution Plan has to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... from the CIRP, otherwise COC cannot examine the Resolution Plans. It requires time to assess the Resolution Plans in detail and then finally take a decision either to accept or reject. So it is justifiable ground for excluding some period from the CIRP since COC has to take a decision on the Resolution Plan after examination. The COC can examine the plans which are five in numbers and to take a decision for which it may require a reasonable time of 45 days. Thus, there are grounds to exclude 45 days from CIRP in the interest of justice. In the result, Application is allowed by excluding 45 days for the purpose of counting period of CIRP and thereby allowing Resolution Professional/COC a further 45 days with immediate effect from today, to complete the CIRP and further direct the Resolution Professional to process the Resolution plans received and place before the COC and to take appropriate decision within the period allowed. The Resolution Professional to discharge his functions as usual during this period. 11. By following the above stated Judicial Precedents and by considering the prime object of the Code, we feel that the Resolution Professio ..... 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