The case involves an application (I.A. No.533 of 2019) filed in a Corporate Insolvency Resolution Process (CIRP) case (C.P. (IB) No.395/BB/2019) under Section 238A of the Insolvency and Bankruptcy Code (IBC), 2016, read with Section 5 of the Limitation Act, 1963, and Rule 11 of the NCLT Rules, 2016. The applicant, M/s. Green Land, sought to condone a delay of 58 days in re-presenting the original file, which had been initially filed before the NCLT, New Delhi. The NCLT, New Delhi, had previously allowed the applicant to withdraw the petition and file it before the appropriate bench in Bengaluru, as the respondent's registered office was located there.
M/s. Green Land, the applicant/operational creditor, filed I.A. No.533 of 2019 in C.P. (IB) No.395/BB/2019 seeking to condone a delay of 58 days in re-presenting a petition under Section 9 of the IBC against M/s. Ebaco India Pvt. Ltd., the respondent/corporate debtor. The petition was initially filed before the NCLT, New Delhi, but was allowed to be withdrawn on 28.05.2019, to be refiled in Bengaluru since the respondent's registered office is located there. The original file was returned to the applicant on 12.07.2019, with a deadline of 12.08.2019 for refiling. The applicant cited difficulties in engaging counsel in Bengaluru and subsequent illness as reasons for the delay.
Sign in to view the parties.
NCLT, New Delhi, allowed the applicant to…
The original file was…
The case involves an application (I.A. No.533 of 2019) filed in a Corporate Insolvency Resolution Process (CIRP) case (C.P. (IB) No.395/BB/2019) under Section 238A of the Insolvency and Bankruptcy Code (IBC), 2016, read with Section 5 of the Limitation Act, 1963, and Rule 11 of the NCLT Rules, 2016. The applicant, M/s. Green Land, sought to condone a delay of 58 days in re-presenting the original file, which had been initially filed before the NCLT, New Delhi. The NCLT, New Delhi, had previously allowed the applicant to withdraw the petition and file it before the appropriate bench in Bengaluru, as the respondent's registered office was located there.
M/s. Green Land, the applicant/operational creditor, filed I.A. No.533 of 2019 in C.P. (IB) No.395/BB/2019 seeking to condone a delay of 58 days in re-presenting a petition under Section 9 of the IBC against M/s. Ebaco India Pvt. Ltd., the respondent/corporate debtor. The petition was initially filed before the NCLT, New Delhi, but was allowed to be withdrawn on 28.05.2019, to be refiled in Bengaluru since the respondent's registered office is located there. The original file was returned to the applicant on 12.07.2019, with a deadline of 12.08.2019 for refiling. The applicant cited difficulties in engaging counsel in Bengaluru and subsequent illness as reasons for the delay.
NCLT, New Delhi, allowed the applicant to…
The original file was…