# 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-00868. 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-00868
- **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-2019-5ed8e323

## Summary

### Background

The case involves IA Nos. 274/2020 and 275/2020 in CP (IB) No. 105/Chd/Hry/2019, concerning the Corporate Insolvency Resolution Process (CIRP) of C & C Towers Limited. 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 was initiated on 10.10.2019, and the initial 180-day period was to conclude on 07.04.2020. The proceedings were impacted by the COVID-19 pandemic and subsequent lockdowns.

## 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 2019-10-10. The initial 180-day CIRP period was to be completed on 2020-04-07. Mr. Gaurav Khurana is the Resolution Professional for C&C Towers Limited. The COVID-19 pandemic led to a lockdown imposed from 2020-03-25, with Unlock 3.0 commencing on 2020-08-01. The Resolution Professional filed IA No. 275/2020 seeking a 90-day extension of the CIRP period, excluding the lockdown period. The Hon'ble Supreme Court addressed the extension of limitation periods in Suo Motu Writ Petition (Civil) No(s).3/2020. The NCLAT addressed the exclusion of the lockdown period from the CIRP

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## Issues and analysis

### Issue 1: Whether the CIRP period for the corporate debtor, C & C Towers Limited, should be extended by …

**Ratio:** The ratio is based on the orders of the Supreme Court and NCLAT, which recognized the

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

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**Interpretation:** The legal issue is interpreted in the context of the COVID-19 pandemic and its

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**Application:** The ratio and reasoning are applied to the specific facts of the case, where

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## Parties

- **Judges:** RaghuNa…; Ajay Kumar…
- **Appellants:** Kussum Chadha…
- **Respondents:** C & C Towers…

## Timeline

- **2019-10-10 — CIRP Init…**: Corporate Insolvency Resolution Process (CIRP)…
- **2020-03-23 — Supreme Cour…**: Supreme Court order in Suo Motu Writ Petition extending limitation periods due to…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 12(2) — Time-limit for completion of insolvency…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-12)

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