TMI Blog2021 (7) TMI 1283X X X X Extracts X X X X X X X X Extracts X X X X ..... eeks an exclusion of the intervening period from the commencement of CIRP i.e., from 05.11.2019 till the disposal of application filed under section 19(2) of I B Code, 2016 filed on 07.12.2019. This bench, after taking into consideration the facts and circumstances of the present case and following the law as laid down by the Hon'ble Apex court in COMMITTEE OF CREDITORS OF ESSAR STEEL IND ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Applicant/RP ), for excluding the time period lapsed due to non-availability of records, assets, books of accounts and Covid-19 from the ongoing CIRP. 2. The Applicant states that the corporate debtor had not handed over the records and the same were not even traceable In this regard the applicant had filed an application under section 19(2) of the I B code, 2016 on 07.12.2019, the said ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ck Soft Tech Pvt. Ltd, Comp App. (AT) (INS) No. 185 of 2018, whereby it was stated that, ...it is open to the Adjudicating Authority/ Appellate Tribunal to 'exclude certain period' for the purpose of counting the total period of 270 days, if the facts and circumstances justify exclusion, in unforeseen circumstances. Further, the Hon'ble Supreme Court in Swiss Ribbons Pvt. Ltd. v. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eks an exclusion of the intervening period from the commencement of CIRP i.e., from 05.11.2019 till the disposal of application filed under section 19(2) of I B Code, 2016 filed on 07.12.2019. 5. This bench, after taking into consideration the facts and circumstances of the present case and following the law as laid down by the Hon'ble Apex court, grants a period of 90 days so as to compl ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
