# In the matter of Mr. Harvatar Singh Arora, Promoter of James Hotel Vs. Navneet Gupta & Ors CA (AT) No. 177-2018

> NCLAT judgment dated 2018-05-03. Citation: TCN-2018-NCLAT-00308. The appeal was preferred by the 'Promoter' of the 'Corporate Debtor' against an order passed…

- **Court:** NCLAT
- **Order date:** 3 May 2018
- **Citation:** TCN-2018-NCLAT-00308
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/mr-harvatar-singh-arora-promoter-of-james-hotel-vs-navneet-gupta-ors-ca-60f633d6

## Summary

### Background

The appeal was preferred by the 'Promoter' of the 'Corporate Debtor' against an order passed by the Adjudicating Authority (National Company Law Tribunal), Chandigarh Bench, Chandigarh. The Appellant sought to stay the proceedings, challenging the vires of provisions of the ‘I&B Code', but the application was not accepted.

## Facts

Mr. Harvatar Singh Arora, the Promoter of James Hotel, filed an appeal against an order by the Adjudicating Authority (National Company Law Tribunal), Chandigarh Bench. The appeal sought a stay of proceedings based on a challenge to the vires of the ‘I&B Code’, which was not accepted. A key issue was whether the period of a stay order issued by the High Court of Punjab and Haryana should be excluded from the 270-day period allowed for the Corporate Insolvency Resolution Process. The court found that this question was already under consideration by the Adjudicating Authority. The relevance of the stay order is that it potentially impacts the timeline for the Corporate Insolvency Resolution Process, which is statutorily limited to 270 days.

## Issues and analysis

### Issue 1: Whether the period during which an order of stay passed by the Hon'ble High Court of Punjab and …

**Ratio:** The court did not explicitly state a ratio but implied that the determination of whether

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**Reasoning:** The court reasoned that the question of excluding the stay period was already pending

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**Interpretation:** The interpretation revolves around the timeline for the Corporate Insolvency

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**Application:** The court applied its reasoning by not interfering with the Adjudicating

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## Parties

- **Judges:** S.J. Mukhop…; Bansi Lal…
- **Appellants:** Harvatar Singh…
- **Respondents:** James H…; Navneet…
- **Advocates:** Geetha Cho…

## Timeline

- **2018-04-03 — Order by Adjudicating…**: The Adjudicating Authority (National Company Law Tribunal), Chandigarh Bench, passed an…
- **2018-05-03 — Appeal Pre…**: The 'Promoter' of the 'Corporate Debtor' preferred an appeal against the order dated 3rd…

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