# In the matter of A to Z Barter Pvt. Ltd. IB-643(ND)-2018

> NCLT judgment dated 2019-12-10. Citation: TCN-2019-NCLT-00258. The case involves M/s Inox Leisure Ltd. as the petitioner and M/s A to Z Barter Pvt. Ltd. as…

- **Court:** NCLT
- **Order date:** 10 Dec 2019
- **Citation:** TCN-2019-NCLT-00258
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/a-to-z-barter-pvt-ltd-ib-643nd-2018-1223320d

## Summary

### Background

The case involves M/s Inox Leisure Ltd. as the petitioner and M/s A to Z Barter Pvt. Ltd. as the respondent. The Resolution Professional filed an application seeking exclusion of a certain period from the corporate insolvency resolution process (CIRP) timeline. The reason cited was that the initial order dated 12.12.2018 was not communicated to him in a timely manner, and he only became aware of it much later.

## Facts

M/s Inox Leisure Ltd. initiated a case against M/s A to Z Barter Pvt. Ltd. under Section 9 of the IBC code 2016. An order was passed on 2018-12-12, but it was not communicated to the Resolution Professional (RP), Mr. Anup Kumar Goyal, or the Corporate Debtor by the Registry. The RP became aware of the order much later and filed an application (CA-862/C-III/ND/2019) seeking exclusion of the period from 2018-12-12 until the date he became aware of the order. The court noted that the non-communication was due to inadvertence on the part of the Registry. The RP requested exclusion of time to ensure the CIRP could proceed effectively.

## Issues and analysis

### Issue 1: Whether the period from the date of the initial order (2018-12-12) until the date the Resolution …

**Ratio:** The principle is that delays caused by administrative oversights or failures in

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**Reasoning:** The court reasoned that the failure of the Registry to communicate the order to the IRP

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**Interpretation:** This issue involves the interpretation of the IBC provisions related to the

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**Application:** The court applied the principle by excluding 370 days from the CIRP timeline,

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## Parties

- **Judges:** Ch. Mohd Sharief…; K.K. V…
- **Appellants:** M/s Inox Leisure…
- **Respondents:** M/s A to Z Barter…

## Timeline

- **2018-12-12 — Initial Ord…**: The initial order was passed but not communicated to the Resolution Professional or…
- **2019-12-10 — Order Del…**: The court delivered the order allowing 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)

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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/nclt-chandigarh/a-to-z-barter-pvt-ltd-ib-643nd-2018-1223320d