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Judgment
Heard Learned Counsel for the Appellant.
This Appeal has been filed against the Order dated 15th December, 2022 passed by the Adjudicating Authority (National Company Law Tribunal, New Delhi Bench, Court-II) by which order, the Adjudicating Authority has decided I.A. 2754/2022 and IA 2755/2022.
By I.A. 2754/2022, Liquidator has asked for exclusion of the period from 14.02.2020 till 30.07.2020 on the ground that Order of liquidation was not communicated to him and the Adjudicating Authority has partly allowed the Application excluding the period on the ground of Covid-19 till 30th June, 2020 only.
Learned Counsel for the Appellant submits that there was no prayer for exclusion on the ground of Covid-19 and the Order of Liquidation having not been communicated on 30.07.2020, that period ought to have been excluded.
We find substance in the submission of learned Counsel for the Appellant.
Therefore, I.A. No. 2754/2022 is allowed. The exclusion is allowed to the Liquidator from 14.02.2022 till 30.07.2020.
Learned Counsel for the Appellant submits that process for submitting application for dissolution is going on. In view of the aforesaid, we dispose of this Appeal modifying the Order passed by the Adjudicating Authority on IA 2754/2022.
By the Order dated 15.12.2022 passed by the Adjudicating Authority extension till 21st January, 2023 having been granted, it shall be treated that earlier period has also been included in the extension.
With these directions, we dispose of the Appeal.