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2020 (12) TMI 382

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..... respective jurisdiction. The material facts of the issue are not in dispute, and the law on the issue is also settled by the judgments cited - the Applicant is justified to seek exclusion as sought for in the Application Application allowed. - I.A. No. 277/2020 in C.P. (IB) No. 189/BB/2018 - - - Dated:- 21-8-2020 - Rajeswara Rao Vittanala, Member (J) And Ashutosh Chandra, Member (T) For the Appellant : Abhishek Anand ORDER Rajeswara Rao Vittanala, Member (J) 1. I.A. No. 277/2020 in C.P. (IB)No.189/BB/2018 is filed by Mr. Pankaj Srivastava, Liquidator of M/s. Samruddhi Realty Ltd (Corporate Debtor),U/s.60(5) R/w Regulation 47A of the I B Board of India (Liquidation Process) Regulations, 2016 and R/w. Rule 11 of th .....

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..... 9;ble Supreme Court in Suo Motu Writ Petition (Civil) No(s).3/2020 in Re: cognizance for extension of Limitation vide order dated 23.03.2020, the aforesaid judgment reads as under: This Court has taken Suo Motu cognizance of the situation arising out of the challenge faced by the Country on account of Covid-19 Virus and resultant difficulties that may be faced by litigants across the Country in filing their Petitions/Applications/ Suits/ Appeals/all other proceedings within the period of limitation prescribed under the general law of limitation or under Special Laws (both Central and/or State). To obviate such difficulties and to ensure that lawyers/litigants do not have to come physically to file such proceedings in respective C .....

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..... k that could not be completed due to such lockdown, in relation to any liquidation process. (3) The Government of India, Ministry of Home Affairs vide order dated 30.05.2020 extended the lockdown in Containment Zones up to 30.06.2020 and re-opened prohibited activities in phased manner in areas outside Containment Zones. And various stakeholders of the Corporate Debtor faced difficulties due to lockdown imposed by the Government of India in view of the outbreak of pandemic of Covid-19 all over country, in filing their claims before the Liquidator before the last date for submission of claims i.e. 17.04.2020 as mentioned in Form-B of the schedule-II dated 18.03.2020. Accordingly, the Applicant extended time for filing claims against th .....

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..... e Adjudicating Authority within 45 days from the last date of receipt of the claims. Due to above reasons, the Applicant is unable to verify the claims and prepare the list of stakeholders as per law. 3. Heard Mr. Abhishek Anand, learned Counsel for Liquidator, through Video Conference. We have carefully perused the pleadings of the Party and also extant provisions of the Code and Rules made there under and the decisions cited by the Applicant as mentioned supra. 4. As stated supra, the material facts of the issue are not in dispute, and the law on the issue is also settled by the judgments cited above. Therefore, the Applicant is justified to seek exclusion as sought for in the Application and thus we are inclined to allow the in .....

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