# In the matter of Whispering Towers Flat Owners Welfare Association Vs.
Abhay Narayan Manudhane (Resolution Professional) &
Ors. I.A. No. 1012 of 2022
in Comp. App. (AT) (Ins.) No. 896 of 2021

> NCLAT judgment dated 2022-07-25. Citation: TCN-2022-NCLAT-00328. The case pertains to I.A. No. 1012 of 2022 filed in Company Appeal (AT) (Ins.) No. 896 of…

- **Court:** NCLAT
- **Order date:** 25 Jul 2022
- **Citation:** TCN-2022-NCLAT-00328
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/whispering-towers-flat-owners-welfare-association-vs-abhay-narayan-manudhane-res-51ab84ed

## Summary

### Background

The case pertains to I.A. No. 1012 of 2022 filed in Company Appeal (AT) (Ins.) No. 896 of 2021. The Resolution Professional filed the application seeking an extension of the Corporate Insolvency Resolution Process (CIRP) for 15 days from the disposal date of Company Appeal (AT) (Ins.) No. 589 of 2021. The Company Appeal (AT) (Ins.) No. 589 of 2021 was clarified by order dated 19.07.2022, stating that there was no interim order in the said appeal.

## Facts

Whispering Towers Flat Owners Welfare Association filed an appeal against Abhay Narayan Manudhane (Resolution Professional). The Resolution Professional sought an extension of the Corporate Insolvency Resolution Process (CIRP) by 15 days via I.A. No. 1012 of 2022. The extension was sought from the date of disposal of Company Appeal (AT) (Ins.) No. 589 of 2021. An order dated 19.07.2022 clarified that there was no interim order in Company Appeal (AT) (Ins.) No. 589 of 2021. The judgment dated 04.01.2022 passed in Company Appeal (AT) (Ins.) No. 896 of 2021 was also considered. The court granted an extension of 30 days w.e.f. 19.07.2022 to the Resolution Professional to complete the process.

## Issues and analysis

### Issue 1: Whether the Resolution Professional should be granted an extension of time to complete the …

**Ratio:** The court has the discretion to grant extensions for the completion of the CIRP,

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**Reasoning:** The court considered the clarification issued on 19.07.2022 regarding the absence of an

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**Interpretation:** The power to grant extensions in CIRP is interpreted to facilitate the

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**Application:** In this case, the court applied its discretion to grant a 30-day extension to

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## Parties

- **Judges:** Ashok Bh…; M. Satyanarayana…; +1 more
- **Appellants:** Whispering Towers…
- **Respondents:** Abhay Narayan…

## Timeline

- **2021-01-01 — Company Appeal (AT)…**: Company Appeal (AT) (Ins.)…
- **2022-01-04 — Judgment in Company Appeal (AT) (Ins.) No. 896…**: Judgment was passed in Company…

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