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of <h1>Tribunal Extends CIRP Deadline by 90 Days Excluding Lockdown Period</h1> <h3>IN RE : ANIL KUMAR KHICHA</h3> IN RE : ANIL KUMAR KHICHA - [2021] 13 Comp Cas - OL 13 (NCLT - Chen) Issues:1. Extension of corporate insolvency resolution process under section 12(2) of the Insolvency and Bankruptcy Code, 2016.2. Impact of Covid-19 lockdown on the timeline for completion of CIRP.3. Interpretation of regulations and amendments related to exclusion of lockdown period in CIRP timeline.4. Application of legal precedents in granting extension beyond the statutory limit.Issue 1: Extension of corporate insolvency resolution processThe application sought an extension of 90 days from the expiry of the initial 180-day period of the corporate insolvency resolution process (CIRP). The resolution professional filed the application under section 12(2) of the Insolvency and Bankruptcy Code, 2016. The Tribunal considered the history of the CIRP initiation, constitution of the committee of creditors, and the subsequent developments in the resolution process. The Tribunal noted the resolution passed in the third meeting of the CoC, authorizing the extension and the RP to file the application for the same.Issue 2: Impact of Covid-19 lockdownThe Tribunal acknowledged the Covid-19 pandemic and the lockdown announced by the Government of India from March 25, 2020. It was highlighted that the lockdown period would be excluded from the calculation of the maximum period permissible for completing the CIRP. The Tribunal considered the implications of the lockdown on the resolution process timeline and the need for adjustments due to the exceptional circumstances caused by the pandemic.Issue 3: Interpretation of regulations and amendmentsThe Tribunal referenced the notification issued by the Insolvency and Bankruptcy Board of India (IBBI) regarding the exclusion of the lockdown period for CIRP activities. The amendment introduced regulation 40C, specifying that the lockdown period would not count towards the timeline for activities affected by the lockdown. The Tribunal analyzed the legal implications of this amendment, emphasizing its application to the case at hand and the authority under which the amendment was made.Issue 4: Application of legal precedentsIn considering the extension beyond the statutory limit, the Tribunal referred to the decision of the Supreme Court in Committee of Creditors of Essar Steel India Ltd. v. Satish Kumar Gupta. The Tribunal highlighted the Supreme Court's observations regarding the extension of time in exceptional cases, balancing the interests of stakeholders and the resolution of stressed assets within the statutory framework. The Tribunal applied the principles outlined in the legal precedent to grant the extension of 90 days from the CIRP timeline, accounting for the exclusion of the lockdown period.In conclusion, the Tribunal allowed the application for extension, considering the statutory provisions, regulatory amendments, impact of Covid-19 lockdown, and legal precedents. The extension of 90 days from the CIRP timeline was granted, with the exclusion of the lockdown period, in line with the relevant regulations and the decision of the Supreme Court.
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