# In the matter of Nilesh Sharma, RP of Today Homes and Infrastructure Pvt Ltd CA (AT) (Ins) No. 188 of 2021 > NCLAT judgment dated 2021-06-03. Citation: TCN-2021-NCLAT-00251. The case involves an appeal regarding the exclusion of certain periods from the Corporate… - **Court:** NCLAT - **Order date:** 3 Jun 2021 - **Citation:** TCN-2021-NCLAT-00251 - **Category:** IBC - **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/nilesh-sharma-rp-of-today-homes-and-infrastructure-pvt-ltd-ca-at-ins-no-188-of-2-ab36a796 ## Summary ### Background The case involves an appeal regarding the exclusion of certain periods from the Corporate Insolvency Resolution Process (CIRP). The appellant sought exclusion of time from 25.12.2019 to 23.01.2020, which was initially allowed. The appellant also requested exclusion of time from 15.3.2020 to 24.3.2020 and from 1.7.2020 to 31.7.2020 due to the Covid-19 pandemic and related restrictions. The order dated 10th March, 2021, did not exclude these periods. ## Facts Nilesh Sharma, the Resolution Professional (RP) of Today Homes and Infrastructure Pvt Ltd, filed an application (I.A.No.646 of 2021) seeking exclusion of certain periods from the Corporate Insolvency Resolution Process (CIRP) timeline. The appellant had previously been granted an exclusion of 29 days from 25.12.2019 to 23.01.2020. The appellant further sought exclusion of the period from 15.3.2020 to 24.3.2020 and from 1.7.2020 to 31.7.2020, citing the Covid-19 pandemic and related restrictions on movement. The order dated 10th March, 2021, did not reflect these exclusions. The court noted that the periods for which exclusion was sought were not mentioned in the earlier order. The relevance of these facts lies in determining the correct timeline for the CIRP, … ## Issues and analysis ### Issue 1: Whether the period from 15.3.2020 to 24.3.2020, time lost due to the Covid-19 pandemic, should be … **Ratio:** The ratio is that time lost due to circumstances beyond the control of the parties, such … **Reasoning:** The court reasoned that the Covid-19 pandemic and the subsequent lockdowns and … **Interpretation:** This interprets the provisions related to CIRP timelines to allow for … **Application:** The ratio and reasoning were applied to the specific facts of the case, where … ## Parties - **Judges:** Anant Bijay…; Shreesha…; +1 more - **Appellants:** Nilesh S… - **Respondents:** Today Homes &… - **Advocates:** Ashu Ka…; Abhijit…; +2 more ## Timeline - **2019-12-25 — Start of Exclusion…**: Start date of the initial exclusion… - **2020-01-23 — End of Exclusi…**: End date of the initial exclusion period sought by the appellant; 29 days were excluded… --- This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclat-new-delhi/nilesh-sharma-rp-of-today-homes-and-infrastructure-pvt-ltd-ca-at-ins-no-188-of-2-ab36a796