# In the matter of Jet Aircraft Maintenance Engineers Welfare
Association (JAMEWA) Vs. The Consortium of Mr. Murari Lal Jalan and Mr. Florian Fritsch & Ors. Comp. App. (AT) (Ins.) No. 473 of 2022

> NCLAT judgment dated 2022-04-28. Citation: TCN-2022-NCLAT-00513. The appeal challenges the order of the Adjudicating Authority (National Company Law…

- **Court:** NCLAT
- **Order date:** 28 Apr 2022
- **Citation:** TCN-2022-NCLAT-00513
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/jet-aircraft-maintenance-engineers-welfare-association-jamewa-vs-the-consortium-8630662a

## Summary

### Background

The appeal challenges the order of the Adjudicating Authority (National Company Law Tribunal), Mumbai Bench-I, which disposed of two applications, I.A No. 766 of 2022 and I.A No. 686 of 2022. The Adjudicating Authority had approved the Resolution Plan for the Corporate Debtor on 22.06.2021. The appellant contested the exclusion of a 65-day period (17.01.2022 to 22.03.2022) granted by the Adjudicating Authority, which extended the 'effective date' to 25.05.2022. The exclusion was sought because Application I.A No. 125 of 2022 was pending during that time.

## Facts

The Adjudicating Authority approved a Resolution Plan for the Corporate Debtor on 22.06.2021. The implementation of the Resolution Plan had a timeline of 90 days, extendable by 180 days. An Application, I.A No. 125 of 2022, was filed by the Successful Resolution Applicant. The present Appellant filed an Application for impleadment being I.A. No. 766 of 2022. The Adjudicating Authority allowed I.A No. 686 of 2022, excluding 65 days (17.01.2022 to 22.03.2022) because Application I.A No. 125 of 2022 was pending during that period. This exclusion extended the 'effective date' to 25.05.2022. The MC Lenders had declined approval for any payments, including from the ICD deposited by the Applicant with the Corporate Debtor, until the Expenses Application is decided by the

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## Issues and analysis

### Issue 1: Whether the Adjudicating Authority's order for …

**Ratio:** The Adjudicating Authority provided reasons in paragraphs 19 and 20 of its order,

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**Reasoning:** The NCLAT found that the Adjudicating Authority considered the facts and provided reasons

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**Interpretation:** The exclusion of time is permissible if it facilitates the implementation of

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**Application:** The NCLAT applied this reasoning to the facts, finding that the Adjudicating

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## Parties

- **Judges:** Ashok Bh…; Shreesha…; +1 more
- **Appellants:** Jet Aircraft…
- **Respondents:** SRA Jet Airways…; The Consortium of…
- **Advocates:** Vikas M…; Anshula G…; +10 more

## Timeline

- **2021-06-22 — Resolution Plan…**: The Adjudicating Authority approved the…
- **2022-01-17 — I.A No. 125 of 2022…**: The Successful Resolution Applicant…

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