# In the matter of Ravi Mahajan Vs. Jalesh Kumar Grover and Ors CA(AT)(Insolvency) 66-2019

> NCLAT judgment dated 2019-04-15. Citation: TCN-2019-NCLAT-00671. The case involves an appeal against an order dated December 11, 2018, passed by the…

- **Court:** NCLAT
- **Order date:** 15 Apr 2019
- **Citation:** TCN-2019-NCLAT-00671
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/ravi-mahajan-vs-jalesh-kumar-grover-and-ors-ca-e155fe95

## Summary

### Background

The case involves an appeal against an order dated December 11, 2018, passed by the Adjudicating Authority (National Company Law Tribunal), Chandigarh Bench, which ordered the liquidation of the Corporate Debtor, M/s Muskaan Power Infrastructure Ltd. The Appellant, Mr. Ravi Mahajan, promoter of the Corporate Debtor, preferred the appeal. The initiation of the Corporate Insolvency Resolution Process (CIRP) had been previously set aside by the Appellate Tribunal on December 6, 2017, and this order was further set aside by the Supreme Court on August 3, 2018. The appellant argued for the exclusion of time spent in litigation before the Supreme Court (232 days) from the 270-day period for CIRP.

## Facts

Mr. Ravi Mahajan, the promoter of M/s Muskaan Power Infrastructure Ltd. (the Corporate Debtor), filed an appeal against the liquidation order passed by the Adjudicating Authority (NCLT), Chandigarh Bench, on December 11, 2018. The Corporate Insolvency Resolution Process (CIRP) had been initiated but was set aside by the Appellate Tribunal on December 6, 2017. This order was further set aside by the Supreme Court on August 3, 2018. The appellant sought exclusion of 232 days spent in litigation before the Supreme Court from the 270-day CIRP period. The Financial Creditor opposed this, stating that the Supreme Court's stay order allowed the Resolution Professional to continue, limiting the exclusion to 8 days. The Appellant argued that the Corporate Debtor, being a Small

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## Issues and analysis

### Issue 1: Whether the time spent in litigation before the Hon'ble Supreme Court should be excluded from the …

**Ratio:** The exclusion of time spent in litigation is a matter of judicial discretion, considering

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**Reasoning:** The court considered the arguments regarding the stay order by the Supreme Court and its

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**Interpretation:** The interpretation involves balancing the need for timely resolution with the

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**Application:** The court did not explicitly grant the exclusion of the entire 232 days,

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## Parties

- **Judges:** S.J. Mukhop…; A.I.S. C…; +1 more
- **Appellants:** Ravi Ma…
- **Respondents:** M/s Muskaan Power…; Jalesh Kumar…
- **Advocates:** Annannya…; Mehul P…; +10 more

## Timeline

- **2017-12-06 — Appellate Tribu…**: The Appellate Tribunal set aside the initiation of the Corporate Insolvency Resolution…
- **2017-12-14 — Supreme Court S…**: The Hon'ble Supreme Court stayed the…

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