Tribunals and CommissionsDivision Bench(2021) 06 NCLT CK 0008

Flsmidth Private Limited vs Jhabua Power Limited

National Company Law Tribunal · Decided on 2 June 2021

HON’BLE JUDGES
Rajasekhar V.K, J · Harish Chander Suri, Member (Technical)
RESULT
Allowed
CASE NUMBER
IA No.516/KB Of 2021 in CP (IB) No.634/KB Of 2017

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Judgment

24 paragraphs · 344 words

Sl No,"Extension/ exclusion prayed

for",Date of orders,Period

1,CIRP commencement date,27.03.2019,

2,Expiration of 180 days,22.09.2019,

3,Extension of 150 days granted,23.09.2019,22.09.2019 to 19.02.2020

4,Expiration of 330 days,19.02.2020,

5,Exclusion of 90 days,14.02.2020,19.02.2020 to 20.04.2020

6,Exclusion of 28 days,06.12.2020,06.10.2020 to 03.11.2020

7,Exclusion of 90 days,02.11.2020,03.11.2020 to 31.01.2021

8,Exclusion of 90 days,23.02.2021,31.01.2021 to 01.05.2021

and that it would be in the interest of all stakeholders that the corporate debtor be put back on its feet instead of being sent into liquidation, it may be",,,

open in such cases for the Adjudicating Authority to extend time beyond 330 days, is being misused time and again to cover up the tardy process of",,,

completion of CIRP. In the bargain, the immediately preceding sentence of the same judgment in the same page and paragraph, that ordinarily the",,,

time taken in relation to the corporate resolution process of the corporate debtor must be completed within the outer limit of 330 days from the,,,

insolvency commencement date, has been completely relegated to the dustbin, while the Adjudicating Authority is left to salvage the situation.",,,

15.

 Therefore, while we grant the prayer for extension of the CIRP from 01.05.2021  till 30.06.2021 (since it may well-nigh be impossible to",,,

complete it by 15.06.2021 Â as prayed for), for completion of the Corporate Insolvency Resolution Process of the Corporate Debtor, we also direct",,,

that a copy of this order be sent to the Chairman & Managing Director of NTPC Limited, and also to the Chief General Managers of the individual",,,

members who are banks, and to the Managing Directors of the other entities constituting the Committee of Creditors to enable them to have a hard",,,

look at the snail’s pace at which the CIRP is progressing.,,,

16.

 IA No.516/KB/2021 in CP(IB)/634(KB)/2017 is allowed with the above directions.,,,

17.

The Registry is directed to send e-mail copies of the order forthwith to all the parties and their Ld. Counsel for information and for taking,,,

necessary steps.,,,

18.

 Certified copy of this order may be issued, if applied for, upon compliance of all requisite formalities.",,,