# In the matter of C & C Towers Limited IA Nos. 274-2020 & 275-2020 In CP (IB) No. 105-Chd-Hry-2019

> NCLT judgment dated 2020-08-10. Citation: TCN-2020-NCLT-00873. The case involves IA Nos. 274/2020 and 275/2020 in CP (IB) No. 105/Chd/Hry/2019, concerning the…

- **Court:** NCLT
- **Order date:** 10 Aug 2020
- **Citation:** TCN-2020-NCLT-00873
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/c-c-towers-limited-ia-nos-274-2020-275-2020-in-cp-ib-no-105-chd-hry-2019-2cc24489

## Summary

### Background

The case involves IA Nos. 274/2020 and 275/2020 in CP (IB) No. 105/Chd/Hry/2019, concerning the Insolvency and Bankruptcy Code, 2016. IA No. 274/2020 was filed by the applicant seeking an urgent hearing of IA No. 275/2020. IA No. 275/2020 was filed by the Resolution Professional of C & C Towers Ltd. seeking an extension of the CIRP period by 90 days beyond the initial 180 days, accounting for the COVID-19 lockdown period. The CIRP proceedings against C & C Towers Limited were initiated on 10.10.2019, with the initial 180-day period slated to conclude on 07.04.2020. However, the COVID-19 pandemic and subsequent lockdowns disrupted the process.

## Facts

Kussum Chadha Ahuja & another are the Financial Creditors. C & C Towers Limited is the Corporate Debtor undergoing Corporate Insolvency Resolution Process (CIRP). The CIRP was initiated on 10.10.2019. The initial 180-day CIRP period was to be completed on 07.04.2020. The COVID-19 pandemic led to a lockdown imposed from 25.03.2020, with Unlock 3.0 commencing on 01.08.2020. The Resolution Professional filed IA No. 275/2020 seeking an extension of the CIRP period by 90 days beyond the initial 180 days, excluding the lockdown period. The applicant also filed IA No. 274/2020 seeking an urgent hearing of IA No. 275/2020. The Supreme Court and NCLAT issued orders addressing the extension of limitation periods and exclusion of lockdown periods in insolvency

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## Issues and analysis

### Issue 1: Whether the CIRP period for C & C Towers Ltd. should be extended by 90 days, considering the …

**Ratio:** The ratio is based on the principle that disruptions caused by unforeseen events, such as

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**Reasoning:** The court reasoned that the COVID-19 pandemic and the resulting lockdown had

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**Interpretation:** The legal issue involves interpreting the provisions of the Insolvency and

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**Application:** The ratio and reasoning apply to the specific facts of the case by allowing for

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## Parties

- **Judges:** RAGHU N…; Ajay Kumar…; +1 more
- **Appellants:** Kussum Chadha…
- **Respondents:** C & C Towers…
- **Advocates:** Sanjay…; Niharika…

## Timeline

- **2019-10-10 — CIRP Init…**: Corporate Insolvency Resolution Process…
- **2020-03-15 — Supreme Cour…**: Supreme Court extended the period of…

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