# In the matter of Vandana Garg Vs. Reliance Capital Ltd. & Anr. CA(AT)(Insolvency) No. 603-2019

> NCLAT judgment dated 2019-07-02. Citation: TCN-2019-NCLAT-00489. The Appellant, a Resolution Professional of GVR Infra Projects Limited, sought exclusion of…

- **Court:** NCLAT
- **Order date:** 2 Jul 2019
- **Citation:** TCN-2019-NCLAT-00489
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/vandana-garg-vs-reliance-capital-ltd-anr-ca-5da9b112

## Summary

### Background

The Appellant, a Resolution Professional of GVR Infra Projects Limited, sought exclusion of 35 days from the Corporate Insolvency Resolution Process (CIRP) timeline, representing the period during which no Resolution Professional was functioning after the removal of the Interim Resolution Professional. The application was initially rejected by the Adjudicating Authority (NCLT), Chennai, leading to the appeal. The appellant argued that the absence of a Resolution Professional hindered the CIRP. The respondent, Reliance Capital Ltd., was notified but did not appear.

## Facts

GVR Infra Projects Limited was undergoing a Corporate Insolvency Resolution Process (CIRP). The Appellant was the Resolution Professional. There was a period of 35 days after the removal of the Interim Resolution Professional where no Resolution Professional was functioning. The Appellant, on behalf of the Committee of Creditors, applied to the Adjudicating Authority (NCLT), Chennai, to exclude these 35 days from the CIRP timeline. The Adjudicating Authority rejected the application. The Appellant appealed to the NCLAT. Notice was served to the Respondent, Reliance Capital Ltd., but they did not appear. The application also remained pending before the Adjudicating Authority for 18 days.

## Issues and analysis

### Issue 1: Whether the Adjudicating Authority was correct in rejecting the application for exclusion of 35 …

**Ratio:** The ratio is that periods during which the Corporate Insolvency Resolution Process (CIRP)

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**Reasoning:** The court reasoned that the absence of a Resolution Professional effectively halts the

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**Interpretation:** This interpretation clarifies that the CIRP timeline is not absolute and can be

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**Application:** In this case, the court applied the ratio by excluding the 35 days during which

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## Parties

- **Judges:** S.J. Mukhop…; A.I.S. C…; +2 more
- **Appellants:** Vandana…
- **Respondents:** GVR Infra…; Reliance Capital…

## Timeline

- **2019-04-30 — Impugned…**: The Adjudicating Authority (NCLT), Chennai, passed an order rejecting the application for…
- **2019-07-02 — Appeal to…**: The Appellant, the Resolution Professional of GVR Infra Projects Limited, appealed to the…

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