Extension of Resolution Process under Insolvency Code due to COVID-19 lockdown

The National Company Law Appellate Tribunal extended the period for the 'Resolution Process' under the Insolvency and Bankruptcy Code, 2016 by excluding the lockdown period due to COVID-19. Interim orders/stay orders under the Insolvency and Bankruptcy Code, 2016 and the Companies Act, 2013 will continue until the next hearing date. In competition Appeals, interim directions/stay orders will also be extended, with concerned banks instructed to renew Fixed Deposits for a further six months. These decisions aim to ensure the smooth continuation of legal proceedings during the lockdown.

---

---

Issues:
1. Extension of period for 'Resolution Process' under the Insolvency and Bankruptcy Code, 2016 due to COVID-19 lockdown.
2. Continuation of interim orders/stay orders passed by the Appellate Tribunal under the Insolvency and Bankruptcy Code, 2016.
3. Continuation of interim orders/stay orders passed by the Appellate Tribunal under the Companies Act, 2013.
4. Extension of interim directions/stay orders in competition Appeals due to COVID-19 lockdown.
5. Renewal of Fixed Deposits by concerned banks for further periods in competition Appeals.

Extension of Period for 'Resolution Process' under the Insolvency and Bankruptcy Code, 2016:
The National Company Law Appellate Tribunal, in response to the COVID-19 lockdown situation, decided to exclude the lockdown period for the purpose of counting the period for the 'Resolution Process' under Section 12 of the Insolvency and Bankruptcy Code, 2016. This decision applies to cases where the 'Corporate Insolvency Resolution Process' has been initiated and is pending before any Bench of the National Company Law Tribunal or in Appeal before the Appellate Tribunal. The Tribunal invoked Rule 11 of the National Company Law Appellate Tribunal Rules, 2016 and a previous decision in the case of "Quinn Logistics India Pvt. Ltd. vs. Mack Soft Tech Pvt. Ltd." to make this order.

Continuation of Interim Orders/Stay Orders under the Insolvency and Bankruptcy Code, 2016:
The Appellate Tribunal ordered that any interim order/stay order passed by the Tribunal in Appeals under the Insolvency and Bankruptcy Code, 2016 shall continue until the next date of hearing, which will be notified later. This decision aims to ensure the continuity and stability of legal proceedings during the lockdown period, considering the challenges faced by stakeholders and the legal fraternity.

Continuation of Interim Orders/Stay Orders under the Companies Act, 2013:
In response to the COVID-19 lockdown, the Appellate Tribunal decided that any interim order/stay order passed by the Tribunal in Appeals under the Companies Act, 2013 shall also continue until the next date of hearing, which will be communicated later. This decision aligns with the efforts to mitigate the impact of the lockdown on legal proceedings and stakeholders.

Extension of Interim Directions/Stay Orders in Competition Appeals:
For cases falling under the Competition Act, 2002, the Appellate Tribunal ordered that interim directions/stay orders passed in all competition Appeals shall continue until further notice. Additionally, in cases where the period of Fixed Deposits is expiring, the concerned bank is directed to renew the same for a further period of six months. These measures aim to provide stability and continuity in legal matters related to competition law during the lockdown period.

---

---