# In the matter of Shailen Shah, RP Vs. DBM Geotechnics & Construction Ltd. CA (AT) No. 724-2018

> NCLAT judgment dated 2018-12-20. Citation: TCN-2018-NCLAT-00005. The 'Resolution Professional’ of ‘Dighi Port Limited' filed a Miscellaneous Application…

- **Court:** NCLAT
- **Order date:** 20 Dec 2018
- **Citation:** TCN-2018-NCLAT-00005
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/shailen-shah-rp-vs-dbm-geotechnics-construction-ltd-ca-70bca3fe

## Summary

### Background

The 'Resolution Professional’ of ‘Dighi Port Limited' filed a Miscellaneous Application before the Adjudicating Authority (National Company Law Tribunal), Mumbai Bench seeking excluding the period from the date of pronouncement of the order and communication of the order to the Interim Resolution Professional' (IRP) i.e. from 25th March, 2018 to 6th April, 2018 for calculating the total period of 270 days of ‘corporate insolvency resolution process'. The Adjudicating Authority noticed that the petition under Section 9 preferred by the ‘DBM Geotechnics & Constructions Ltd.' (Operational Creditor) was admitted on 25th March, 2018 and certified copy of the order was issued on 6th April, 2018. The appellant challenged the impugned order dated 26th October, 2018 insofar

…

## Facts

The Resolution Professional of Dighi Port Limited filed an application to exclude a period from the corporate insolvency resolution process timeline. The Adjudicating Authority had admitted a Section 9 petition by DBM Geotechnics & Constructions Ltd. (Operational Creditor) on March 25, 2018. The appellant, Shailen Shah, was appointed as Resolution Professional on June 15, 2018, replacing Purnima Dhiraj Shetty. The appellant challenged the order dated October 26, 2018, regarding the exclusion of a period from June 15, 2018, to August 16, 2018. The Committee of Creditors had recommended the appointment of the appellant due to the previous Resolution Professional's inaction. The Adjudicating Authority approved the appointment on August 6, 2018, and the appellant took

…

## Issues and analysis

### Issue 1: Whether the intervening period can be excluded for counting the total period of 270 days of the …

**Ratio:** The Appellate Tribunal in 'Quinn Logistics India Pvt. Ltd.' (supra) observed that certain

…

**Reasoning:** The Tribunal referred to its earlier decision in 'Quinn Logistics India Pvt. Ltd.' which

…

**Interpretation:** The interpretation is that the 270-day timeline for the corporate insolvency

…

**Application:** The ratio was applied to the present case to determine whether the period

…

## Parties

- **Judges:** S.J. Mukhop…; JusticeBansi Lal…
- **Appellants:** Shailen Shah,…
- **Respondents:** Dighi Port…; DBM Geotechnics &…

## Timeline

- **2018-12-20 — Application…**: The 'Resolution Professional’ of ‘Dighi Port Limited' filed a Miscellaneous Application…
- **2018-03-25 — Petition Ad…**: The Adjudicating Authority noticed that the petition under Section 9 preferred by the…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 9 — Application for initiation of corporate insolvency…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-9)

---

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/shailen-shah-rp-vs-dbm-geotechnics-construction-ltd-ca-70bca3fe