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Judgment
O R D E R
Heard Learned Counsel for the Appellant.
This Appeal has been filed by the Liquidator challenging the Order dated 23rd December, 2022 passed by the Adjudicating Authority on I.A. No. 6308 of 2022. The Liquidator filed I.A. No. 6308 of 2022 making following two prayers:
“1.From 19.01.2021 till 22.01.2022 when extension of time was granted by Adjudicating Authority to the Auction Purchaser of part & machinery.
2.From 30.03.2022 till 18.10.2022 when stay granted by Hon’ble NCLAT was in operation.”
Learned Adjudicating Authority has granted exclusion of period from 30.02.2022 till 18.10.2022 which was prayer No. 2 however the Adjudicating Authority has refused to grant exclusion of time from 19.01.2021 till 22.01.2022.
Learned Counsel for the Liquidator submits that vide Order dated 19.01.2021, time was granted to only 01.02.2021 which period was extended till 22.01.2022. Learned Counsel for the Appellant submits that in view of the extension, the Liquidator was unable to complete the process of liquidation since plant machinery was not removed on the land which was also subject matter of the sale. Learned Counsel for the Appellant submits that ultimately this Tribunal by Order dated 18.10.2022 had decided Company Appeal (AT) Ins. No. 318-319 of 2022, 728 of 2022 filed by the two Successful Auction Purchaser challenging the Order of the Adjudicating Authority which was decided on 18.10.2022 subsequently an application was filed for permitting the Successful Auction Purchaser to deposit the bank guarantee instead of making payment which was rejected on 22.11.2022 by this Tribunal which order has also been affirmed by the Hon’ble Supreme Court in CIVIL APPEAL No. 548 of 2023 on 10.02.2023.
In view of the subsequent facts and the fact that matter was pending consideration in the appeal and due to orders passed by the Adjudicating Authority, the auction could not be finalized. The Appellant was also entitled for exclusion of period from 19.01.2021 till 22.01.2022. We thus allow this appeal and grant exclusion of time from 19.01.2021 till 22.01.2022. Appeal is disposed of, accordingly.