# In the matter of Gemini Communication Limited IA-509-CHE-2021 in CP-699-IB-2017

> NCLT judgment dated 15 Jul 2021. Citation: TCN-2021-NCLT-01724. The present application, IA/509/CHE/2021, was filed by M.S. Viswanathan, the Liquidator of…

- **Court:** NCLT
- **Order date:** 15 Jul 2021
- **Citation:** TCN-2021-NCLT-01724
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/gemini-communication-limited-ia-509-che-2021-in-cp-699-ib-2017-9daa8acf

## Summary

### Background

The present application, IA/509/CHE/2021, was filed by M.S. Viswanathan, the Liquidator of M/s. Gemini Communication Limited, under Regulation 44(2) of the Insolvency and Bankruptcy Board of India (Liquidation Process) Regulations, 2016. The Liquidator sought an extension of time to continue the liquidation process, which was originally set to end on February 26, 2021. The request was for a further period of one year, with the exclusion of the lockdown period due to the COVID-19 pandemic.

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## Facts

The application IA/509/CHE/2021 was filed by M.S. Viswanathan, the Liquidator of M/s. Gemini Communication Limited, under Regulation 44(2) of Insolvency and Bankruptcy of India (Liquidation Process) Regulations, 2016. The Liquidator sought an extension of the liquidation process for a further period of one year, starting from February 26, 2021, with an exclusion for the lockdown period.

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## Issues and analysis

### Issue 1: Whether the Liquidator is entitled to an extension of time to complete the liquidation process of…

**Ratio:** The ratio decidendi is that an extension of the liquidation period is permissible under…

**Reasoning:** The Tribunal reasoned that the Liquidator had presented valid grounds for the delay in…

**Interpretation:** The Tribunal interpreted Regulation 44(2) of the IBBI (Liquidation Process)…

**Application:** Applying this interpretation to the facts, the Tribunal found that the…

## Parties

- **Judges:** R. Sucha…; MEMBER (JUD…; +2 more
- **Advocates:** For Liquidator:…

## Timeline

- **June 20, 2018 — CIRP Init…**: The Corporate Insolvency Resolution Process (CIRP) was initiated for M/s. Gemini…
- **February 26, 2019 — Liquidation…**: The Tribunal ordered the liquidation of the Corporate Debtor and appointed Mr. Kasi…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 35(1) — Powers and duties of liquidator](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-35)

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