# In the matter of Metrik Infraprojects Pvt. Ltd. IA Nos. 157,285,301 & 332 of 2021

> NCLT judgment dated 2021-11-09. Citation: TCN-2021-NCLT-00572. The case involves multiple IAs (157, 285, 301, and 332 of 2021) filed in relation to CP (IB)…

- **Court:** NCLT
- **Order date:** 9 Nov 2021
- **Citation:** TCN-2021-NCLT-00572
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/metrik-infraprojects-pvt-ltd-ia-nos-157285301-332-of-2021-6013de3e

## Summary

### Background

The case involves multiple IAs (157, 285, 301, and 332 of 2021) filed in relation to CP (IB) No. 60/BB/2020 before the NCLT Bengaluru Bench. The initial Corporate Insolvency Resolution Process (CIRP) was initiated against Metrik Infra Projects Pvt Ltd. IA 157 concerns the appointment of a Resolution Professional (RP), IA 332 seeks exclusion of certain days from the CIRP period due to lockdown and a High Court interim order, and IA 301 pertains to the appointment of an Authorised Representative for Home Buyers.

## Facts

The Corporate Insolvency Resolution Process (CIRP) was initiated against Metrik Infra Projects Pvt Ltd. Piramal Enterprises Limited, a financial creditor, filed an application seeking the appointment of Shri C.A Vinay Mruthyunjaya as the RP, replacing the IRP, Shri Kanekal Chandrashekha. An order was already passed on 14.07.2021 regarding the appointment of the RP. An application was filed seeking the exclusion of 157 days from the CIRP period due to a lockdown imposed by the Karnataka government and an interim order by the High Court of Karnataka. Thirteen Home Buyers had verified claims and consented to Shri T. Narayana Swamy as their Authorised Representative. Another Home Buyer, Mr. Sagar Chandrakanth Pawar, also consented to Shri T. Narayana Swamy.

## Issues and analysis

### Issue 1: Whether the appointment of Shri C.A …

**Ratio:** The court relied on the order passed on 14.07.2021, which already addressed the

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**Reasoning:** The court noted that Shri C.A Vinay Mruthyunjaya had already taken charge and was

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**Interpretation:** The court interpreted the existing order as sufficient to validate the

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**Application:** Since the RP had already been appointed and was functioning, the court applied

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## Parties

- **Judges:** SH. AJAY KUMAR…; SH. MANOJ KUMAR…
- **Appellants:** M/s. Bheemasamudra…
- **Respondents:** M/s. Metrik Infra…

## Timeline

- **2021-07-14 — Order Da…**: Order passed regarding…
- **2021-04-27 — Lockdown Sta…**: Start date of the lockdown imposed by…

## 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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