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2021 (6) TMI 162

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..... (J) 1. By this set of Applications filed in C.P. No. 2979 of 2018, the Applicant Resolution Professional (RP) has sought prayer that the period between 01.06.2020 till 31.07.2020 has to be excluded for the purpose of computing the period of Corporate Insolvency Resolution Process (CIRP), because of the reasons set forth and grounds made in the IA No. 1350 of 2020 and IA No. 1365 of 2020 in CP No. 2979 of 2018. 2. The Applicant RP also made prayer that since the period of 180 days of completing of CIRP from the date of commencement of the CIRP i.e. the date of the admission of the present Insolvency and Bankruptcy Petition which is 16.12.2019 is already come to an end during the period of lockdown which started from 23.03.2020. Hence, .....

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..... ng extension and exclusion of certain period for counting the CIRP of the Corporate Debtor. The reason shown for extension of the period of CIRP. Further, exclusion of certain period from CIRP appear to be reasonable and bona fide. Hence, the present IA 1350 of 2020 and IA 1365 of 2020 can be considered positively and deserves to be allowed. 6. In addition to the above and during the course of hearing as a subsequent development took place in the matter, the highest Court of land Hon'ble Supreme Court of India, in its Suo Motu Writ Petition (Civil) No. 3 of 2020 has already taken care of the interest of all the litigant/stakeholder and gave general exclusion of time for the purpose of counting the period of limitation in any legal pr .....

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..... n below We have considered the suggestions of the learned Attorney General for India regarding the future course of action. We deed it appropriate to issue the following directions:- 1. In computing the period of limitation for any suit, appeal. Application or proceeding. The period from 15.03.2020 till 14.03.2021 shall stand excluded. Consequently, the balance period of limitation remaining as on 15.03.2020, if any, shall become available with effect from 15.03.2021. 2. In cases where the limitation would have expired during the period between 15.03.2020 till 14.03.2021, notwithstanding the actual balance period of limitation remaining, all persons shall have a limitation period of 90 days from 15.03.2021. In the event the a .....

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