# In the matter of Ankit International (Sole Proprietorship of Arun Jain ) Vs. Unitech Machines Ltd. Through Resolution Professional VivekRaheja& Anr. I.A. No. 1093 of 2021in CA (AT) (Ins.) No. 265 of 2020

> NCLAT judgment dated 2021-07-02. Citation: TCN-2021-NCLAT-00212. The case involves an appeal regarding the exclusion of time spent in litigation from the…

- **Court:** NCLAT
- **Order date:** 2 Jul 2021
- **Citation:** TCN-2021-NCLAT-00212
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/ankit-international-sole-proprietorship-of-arun-jain-vs-unitech-machines-ltd-thr-54212d40

## Summary

### Background

The case involves an appeal regarding the exclusion of time spent in litigation from the Corporate Insolvency Resolution Process (CIRP) period. The appellant sought clarification of an earlier order, specifically requesting the exclusion of the period from 29.11.2019 to 03.06.2021. The appellant argued that the exclusion of this period is crucial for the Committee of Creditors (CoC) to consider the revised Resolution plan. The respondents agreed with the appellant's submissions.

## Facts

Ankit International, the appellant, filed an application seeking clarification of an earlier order regarding the exclusion of time spent in litigation from the CIRP period. The specific period in question was from 29.11.2019 to 03.06.2021. The appellant argued that excluding this period was essential for the CoC to properly consider the revised resolution plan. Unitech Machines Ltd., represented by Resolution Professional VivekRaheja, was the respondent. The respondents agreed with the appellant's submissions. The earlier order, dated 03.06.2021, had addressed similar contentions. The court considered Section 12(3) of the IBC, which provides a 60-day period for completing the CIRP. The impugned order dated 29.01.2020 was set aside in the earlier order.

## Issues and analysis

### Issue 1: Whether the period spent in litigation from 29.11.2019 to 03.06.2021 should be excluded from the …

**Ratio:** The principle is that time spent in pursuing legal remedies or litigation related to the

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**Reasoning:** The court reasoned that excluding the litigation period is necessary to ensure a fair

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**Interpretation:** The interpretation of the law is that the CIRP timeline can be adjusted to

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**Application:** The court applied this principle to the specific facts by clarifying that the

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## Parties

- **Judges:** Jarat Kuma…; Ashok Kumar…
- **Appellants:** Ankit Internationa…
- **Respondents:** Unitech Machines…
- **Advocates:** Krishnendu…; Rahul G…; +1 more

## Timeline

- **2021-07-02 — Hearing on I.A. No.…**: The court heard the Ld. Sr. Counsel for the Appellant on I.A. No. 1093 of 2021, an…
- **2021-06-03 — Earlier…**: The court passed an order on 03.06.2021, which was referenced in the current proceedings.…

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