Tribunal grants extension in Corporate Debtor liquidation process aligning with COVID-19 limitations directive

The Tribunal partially allowed the application for an extension of the liquidation process of the Corporate Debtor, granting a six-month extension to complete the process. The period during the COVID-19 lockdown was excluded from the calculation, aligning with the Supreme Court's direction on extending limitations for judicial proceedings due to the pandemic. This decision aimed to ensure the smooth completion of the liquidation process despite challenges posed by the extraordinary circumstances of the COVID-19 situation.

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Issues:
Extension of the liquidation process of the Corporate Debtor due to the COVID-19 pandemic.

Analysis:
1. The application sought an extension of the liquidation process of the Corporate Debtor, M/s. Broadcast Audience Research Council, due to the impact of the COVID-19 pandemic. The Applicant requested exclusion of 162 days from the timeframe and a further extension of six months beyond the original deadline of 04.06.2021.

2. The Corporate Debtor had been ordered to be liquidated in December 2019, and the Applicant was appointed as the Liquidator. The application asserted that it was not barred by the Law of Limitation or the provisions of the Insolvency and Bankruptcy Code, 2016.

3. The Corporate Insolvency Resolution Process (CIRP) against the Corporate Debtor commenced in January 2019, and the Applicant, initially appointed as the Interim Resolution Professional, was confirmed as the Resolution Professional by the Committee of Creditors (CoC).

4. Despite efforts for resolution, including inviting claims from stakeholders and admitting verified claims, the Corporate Debtor could not be resolved, leading to the decision for liquidation. The Applicant commenced the liquidation process after receiving the Order for Liquidation in December 2019.

5. The Applicant faced challenges in progressing with the liquidation process due to the COVID-19 pandemic and the subsequent nationwide lockdown. The Applicant filed necessary reports and initiated asset selling activities after preparing the Asset Memorandum.

6. Considering the extraordinary circumstances caused by the pandemic, the Tribunal partially allowed the application, extending the period for completing the liquidation process by six months. The period during the lockdown was excluded from the calculation, following the decision of the Hon'ble Supreme Court in a related matter.

7. The Tribunal referred to the Supreme Court's order, which extended the period of limitation for judicial proceedings due to the COVID-19 situation. The Tribunal's decision to grant an extension aligned with the Supreme Court's direction, ensuring the completion of the liquidation process without being hindered by the pandemic-induced challenges.

This detailed analysis covers the issues raised in the judgment, the background of the case, the Applicant's submissions, the Tribunal's decision, and the legal implications of the extension granted due to the COVID-19 pandemic.

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