M/s Dehradun Integrated Arena Ltd Vs

IA No.60/2023

Ld. Counsel for the Applicant present through VC.

This is an application filed under Section 12(2) of the Code for exclusion of 198 days from the period 2nd March, 2022 to 15th September, 2022. On 13th February, 2023, this Tribunal has passed the following order:

This is an application filed under Section 12(2) of the IBC for seeking exclusion of 198 days as prayed for under Clause (b) of the prayer as mentioned in this IA for the period from 02nd March, 2022 to 15th September, 2023. In view of the fact that the Corporate Debtor which has a stadium was used for the purpose of Covid Care Center for the aforesaid period and was handed over back only on 15th September, 2022. It has been further submitted by the learned counsel representing the RP that the joint meeting with the concerned authorities were also held that it is not possible to further operate the project due to the project being operated as a Covid Care Center and therefore as recorded in the said minutes of the meeting, it was decided and it would be appropriate that the project should be freed from Covid Care Center. However, in the minutes of the joint meeting there is no mention as to on which the particular date this Covid Care Center was freed and handed over back. The learned counsel representing the RP has produced a copy of the communication dated 29th November, 2022 addressed by the IRP to the Managing Director of the Uttarakhand Power Corporation Limited wherein at point no. 4 it has been mentioned by him that the Covid Care Center was removed by the Government of the Uttarakhand on or about the 15th September, 2022. He undertakes to file the said communication dated 29th November, 2022 within a period of one week. This is a communication from the IRP, however, there is no confirmation from the concerned Authorities as to the specific date on which the Covid Care Center was freed.

In view of this, while the needful for placing on record, the aforesaid communication be done by the learned counsel representing the RP within a period of one week, let a communication may also be obtained by the RP from the Concerned Authorities who have utilised the said premises of the Corporate Debtor as a Covid Care Center on or about till the date of 15th September, 2022 and the same be filed.

In compliance of the aforesaid order, a communication has been filed by way of additional affidavit vide Diary No. 801 dated 23.02.2023. The communication sent by the Joint Director, (Stores) to this post to the Chief Medical Officer dated 7th  September, 2022 has been attached with the affidavit whereby it has been desired to free the aforesaid premises so that the same can be used/utilized for continued sports activities at the stadium. The relevant part of the communication dated 7th September 2022 is as under:

In  this regard, it  is to be  informed that the upcoming international level sports event program is proposed in the said cricket stadium, due to which it is absolutely necessary to vacate the said sports venue, as well as monitoring the maintenance of the material stored in the said sports venue. Same is being done from your level.

Therefore, in the context of the above, the undersigned has been instructed by the higher officials of the Government/Directorate General level to say that after the demolition of the Covid Hospitals under DRDO/AIMS, Rishikesh, the equipment/materials preserved in the Rajiv Gandhi Cricket Stadium, Dehradun should be removed from the above place and moved in a safe place elsewhere, so that the compliance of the instructions received from the higher level can be ensured.

By way of this affidavit filed on 23rd February, 2023, a copy of communication dated 29th November, 2022 has also been attached, which has been sent by the IRP to the Managing Director of the Uttarakhand Power Corporation Limited, whereby it has been stated vide clause 4 stated that the Covid Care Centre was removed by the Government of Uttarakhand on or about 15th September, 2022.

It is thus, evident from the communication sent by the Joint Director (Stores) on 7th September, 2022 read with the other communication that the aforesaid stadium has remained under the utilization as a Covid Care Centre up to 15th September, 2022, therefore, the aforesaid period commencing from 2nd March, 2022 till 15th September, 2022 deserves to be excluded from the CIRP, which comes to 198 days and same is therefore ordered to be excluded.

Order accordingly,

It is stated by the Ld. Counsel representing the Resolution Professional that prayer Clause (c) concerning seeking to extend the time for completion of the CIRP by 90 days is not being pressed at this point of time.

In view of the above, the exclusion from 2nd March, 2022 till 15th September, 2022 is allowed and the present IA No. 60/2023 stands disposed off.