2020 (12) TMI 382

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....and R/w. Rule 11 of the NCLT Rules, 2016, by inter-alia seeking to exclude the period of lockdown and restrictions imposed by the Government of India in view of the Pandemic of Covid-19 from 25.03.2020 to 22.07.2020 from the Liquidation Process period to facilitate various shareholders to submit their claims along with requisite documents to substantiate their claims before the Applicant. 2. Brief facts of the case, as mentioned in the Application, which are relevant to the issue in question, as follows: (1) C.P.(IB)No.189/BB/ 2018 filed by M/s. Moonbeam Advisory Private Limited, was admitted by the Adjudicating Authority vide order dated 16.04.2019 by initiating Corporate Insolvency Resolution Process (CIRP) in respect of the Corporate ....

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....pective Courts/Tribunals across the Country including this Court, it is hereby ordered that a period of limitation in all such proceedings, irrespective of the limitation prescribed under the general law or special Laws whether condonable or not shall extended w.e.f 15th March, 2020 till further order/s to be passed by this Court in present proceedings. We are exercising this power under Article 142 read with Article 141 of the Constitution of India and declare that this order is a binding order within the meaning of Article 141 on all Courts/Tribunals and authorities. This order may be brought to the notice of all High Courts for being communicated to all subordinate Courts/Tribunals within their respective jurisdiction. Issue notice to ....

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....orate Debtor before the Liquidation till 22.06.2020. (4) The claimants are required to submit their claims along with the proof of claim, within thirty days from liquidation commencement dated and the Liquidator is required to verify the claim and thereafter admit/reject the claim and prepare list of stakeholders which is to be filed before the Hon'ble Adjudicating Authority. In the instant case, due to the lockdown restrictions, the claimants are unable to comply with the provisions of the Code and unable to provide their documents within the prescribed time and therefore, the Applicant is unable to collate and admit/reject the claims. The Applicant, in order to verify the claims filed by various claimants against the Corporate Debto....