2019 (9) TMI 1218

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.... S. Cheema, Member (Judicial) And Mr Kanthi Narahari, Member (Technical For The Appellant : Mr. Darpan Wadhwa, Senior Advocate, Ms. Isha J.Kumar, Ms. Shraddha Chaudhuri, Advocates For The Respondents : Mr. M.L. Lahoty, Mr. Anchit, Advocates ORDER The Appellant ('Resolution Professional') of GVR Infra Projects Limited on the instructions, the 'Committee of Creditors' moved an applicatio....

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....ave to pass order of liquidation. Notice was issued on Respondent - 'Reliance Capital Ltd.' and another. Inspite of service, nobody appeared. The same issue fell before this Appellate Tribunal in "Quinn Logistics India Pvt. Ltd., 2018, SCC Online, NCLAT - 243. Taking into consideration the situation like aforesaid, this Appellate Tribunal observed and held as follows: "9. From the deci....

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....tion Professional' is functioning for one or other reason during the corporate insolvency resolution process, such as removal. (iii) The period between the date of order of admission/moratorium is passed and the actual date on which the 'Resolution Professional' takes charge for completing the corporate insolvency resolution process. (iv) On hearing a case, if order is reserved b....

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....e absence of 'Resolution Professional' for 35 days the case of Appellant being covered by decision of this Appellate Tribunal in "Quinn Logistics India Pvt. Ltd.", we allow the prayer as made in this appeal and exclude the period of 35 days for the purpose of counting 180 days or 270 days of 'Resolution Process'. We also exclude the period of pendency of 18 days during which the application remain....