# In the matter of Dyna Roof Private Ltd. and Anr. vs. Purushottam Gaggar and 4 Ors. WP(C)-6003-2022

> HC judgment dated 2022-12-22. Citation: TCN-2022-HC-00003. The case involves a writ petition challenging an order dated 25.08.2022 passed by the National…

- **Court:** HC
- **Order date:** 22 Dec 2022
- **Citation:** TCN-2022-HC-00003
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/high-courts-new-delhi/dyna-roof-private-ltd-and-anr-vs-purushottam-gaggar-and-4-ors-wp-75951b17

## Summary

### Background

The case involves a writ petition challenging an order dated 25.08.2022 passed by the National Company Law Tribunal (NCLT) Guwahati Bench, which granted a further extension of 30 days to the Corporate Insolvency Resolution Process (CIRP) of RSH Agro Products Limited. The insolvency proceeding was initiated under Section 10 of the Insolvency and Bankruptcy Code (IBC) of 2016. The petitioners, Dyna Roof Private Ltd. and Rohin Kumar Hansaria, are unsecured financial creditors of the Corporate Debtor. The NCLT had previously granted an extension of 90 days to the CIRP. The Resolution Professional (RP), Purshottam Gaggar, sought a further extension, which was approved by the Committee of Creditors (COC) with 87.26% voting. The petitioners contend that the subsequent

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## Facts

Dyna Roof Private Ltd. and Rohin Kumar Hansaria, are unsecured financial creditors of RSH Agro Products Limited. RSH Agro Products Limited initiated an insolvency proceeding under Section 10 of the Insolvency and Bankruptcy Code (IBC) of 2016, resulting in the registration C.P.(IB) No. 18/GB/2021. Purshottam Gaggar was appointed as the Resolution Professional (RP) for the Corporate Debtor. Kamal Kumar Harlalka made an application under Section 12 (2) of the IBC of 2016 for grant of one time extension of the Corporate Insolvency Resolution Process (CIRP). The NCLT Guwahati Bench granted an extension of 90 days. The RP made another application for further extension of the CIRP period by another 30 days. The NCLT Guwahati Bench passed an order dated 25.08.2022, granting

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## Issues and analysis

### Issue 1: Whether upon an insolvency resolution proceeding being not completed within the period granted …

**Ratio:** The first proviso to Section 12 of the IBC of 2016 provides in clear and unambiguous

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**Reasoning:** The court reasoned that the legislature intended to restrict extensions to only one

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**Interpretation:** The court interpreted the first proviso to Section 12 as a clear and

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**Application:** The court applied this ratio to the facts of the case, noting that the NCLT had

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## Parties

- **Judges:** Achintya Malla…
- **Appellants:** DYNA ROOF PRIVATE…
- **Respondents:** RH AGRO PRODUCTS…; PURSHOTTAM…
- **Other parties:** Kohi…

## Timeline

- **2021-01-01 — Insolvency proceeding…**: Insolvency proceeding was initiated…
- **2021-08-12 — Application under…**: Application under Section 10 of the IBC…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 60(5) — Adjudicating Authority for corporate persons](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-60)

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