NCLT JUDGEMENT ON SECTION 7, 12(2), 22, 60(5) OF THE INSOLVENCY AND BANKRUPTCY CODE, 2016, RULE 4 OF THE INSOLVENCY AND BANKRUPTCY (APPLICATION TO ADJUDICATING AUTHORITY) RULES, 2016 AND REGULATION 40(C) OF THE INSOLVENCY AND BANKRUPTCY BOARD OF INDIA (INSOLVENCY RESOLUTION PROCESS FOR CORPORATE PERSONS) REGULATIONS, 2016

 

 

 

 

NAME

MOBILE NO.

E-MAIL I’D

RANJEET KUMAR

83830984789667769795

rk@courtkutchehry.com

JAI THAKUR

81307033349355723300

jai.thakur@courtkutchehry.com

RAJEEV RANJAN

9334553249

rajiv.ranjan@courtkutchehry.com

ASHOK MISHRA

9718327746

sales@courtkutchehry.com

RAVI KUMAR


ravi.singh@courtkutchehry.com

Idbi Bank Ltd Vs. Neueon Towers Limited, (2020) 07 NCLT CK 0030

NCLT allowed the instant Interlocutory Application filed by Resolution Professional of the Respondent Company under Section 12(2) r/w Section 60(5) of Insolvency and Bankruptcy Code, 2016 and Regulation 40(C) of IBBI (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 praying the Tribunal to exclude the period of lockdown due to Covid-19 imposed by the Central Government and the State Government of Telangana from the Corporate Insolvency Resolution Process period. While allowing the application NCLT held that the learned counsel for Resolution Professional relied on Regulation 40C of IBBI (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 and contended that lockdown period to be excluded from CIRP. The COC also approved the same. Therefore, there are grounds to allow the application for excluding the lockdown period from CIRP and as such CIRP to be completed by 06.09.2020

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