# In the matter of Union of India Through, the Secretary, Department of Telecommunication Vs. Vijaykumar V. Iyer, The Interim Resolution Professional of Aircel Ltd. CA(AT)(Ins) No. 378 of 2020

> NCLAT judgment dated 2020-03-04. Citation: TCN-2020-NCLAT-00350. This is an appeal against an order dated 27.11.2019 passed by the Adjudicating Authority…

- **Court:** NCLAT
- **Order date:** 4 Mar 2020
- **Citation:** TCN-2020-NCLAT-00350
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/union-of-india-through-the-secretary-department-of-telecommunication-vs-vijaykum-6542e391

## Summary

### Background

This is an appeal against an order dated 27.11.2019 passed by the Adjudicating Authority (National Company Law Tribunal) Mumbai Bench, Mumbai in MA-337/2018 in C.P.(IB)-298/(MB)/2018 & MA-336/2018 in C.P.(IB)-302/(MB)/2018. The appeal concerns the question of whether a license to run telecom business and spectrum, for which the right to use has been granted, can be subject to a moratorium in insolvency proceedings.

## Facts

The Union of India, through the Secretary of the Department of Telecommunication, filed an appeal against an order passed by the Adjudicating Authority (NCLT) Mumbai. The order was related to MA-337/2018 in C.P.(IB)-298/(MB)/2018 & MA-336/2018 in C.P.(IB)-302/(MB)/2018. Vijaykumar V.Iyer, the Interim Resolution Professional of Aircel Ltd., was the respondent. The appeal raised a question regarding whether a license to run a telecom business and spectrum can be subject to a moratorium in insolvency proceedings. The impugned order was passed on 27.11.2019. The appellant claimed to have received a certified copy on 20.12.2019, and the appeal was filed on 20.02.2020. The court determined that the appeal was filed after the permissible period of 30 days, plus a

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## Issues and analysis

### Issue 1: Whether the appeal is time-barred under Section 61 …

**Ratio:** Section 61 of the Insolvency & Bankruptcy Code, 2016 stipulates a 30-day period for

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**Reasoning:** The court calculated the period between the date of the impugned order (27.11.2019) and

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**Interpretation:** Section 61 of the IBC is interpreted strictly regarding the timeline for filing

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**Application:** The court applied the provisions of Section 61 to the facts of the case,

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## Parties

- **Judges:** A.I.S. C…; Anant Bijay…; +2 more
- **Appellants:** Union of…
- **Respondents:** Aircel…; Vijaykumar…
- **Advocates:** Abhinav V…; Sumesh D…; +4 more

## Timeline

- **2019-11-27 — Impugned Orde…**: The Adjudicating Authority (NCLT) Mumbai passed the impugned order in MA-337/2018 in…
- **2019-12-20 — Certified Copy Received…**: The Appellant claimed to have received a…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 61 — Appeals and Appellate Authority](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-61)

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