2020 (12) TMI 1232

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....>Bansi Lal Bhat And Anant Bijay Singh, JJ. Appellant: Mr. Ashok Juneja, Mr. Shailender Singh, Advocates. ORDER Aggrieved of dismissal of IA 4719 of 2020, seeking exclusion of period and extension of Corporate Insolvency Resolution Process (CIRP for short) period in the wake of lockdown imposed due to COVID-19 being declared Pandemic, by the Adjudicating Authority (National Compa....

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.... even when he was still in quarantine, due to urgency in the matter, he issued notice on 22nd September, 2020 convening meeting of COC on 24th September, 2020 through virtual mode but his efforts turned futile as his ill health proved to be a stumbling block in achieving the desired progress. It is submitted that the Appellant recovered from illness and after testing negative on 2nd October, ....

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....l conclusion. There is ample proof on record to hold that the Appellant was tested positive for COVID-19 after falling sick and he became inactive due to medical reason being on self-isolation and quarantined. Thus, despite his earnest effort he was unable to convene meeting of the COC. Even an attempt made at convening such meeting through digital platform proved futile due to falling ill. In the....

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....lined to hold that the COC would not be deemed to have been dissolved, at least for the purposes of passing of Resolution seeking exclusion of Lockdown period and extension of CIRP period beyond the prescribed time of 180 days. There being cogent reasons for acceding to the prayer made in this appeal, we find that the impugned order cannot be sustained. 4. We accordingly, allow the appeal,....