# In the matter of Noslar International Ltd. CA-983-ND-2019 in IB-1031(ND)2018

> NCLT judgment dated 2019-07-30. Citation: TCN-2019-NCLT-02218. The Resolution Professional filed an urgent application seeking exclusion of certain dates from…

- **Court:** NCLT
- **Order date:** 30 Jul 2019
- **Citation:** TCN-2019-NCLT-02218
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/noslar-international-ltd-ca-983-nd-2019-in-ib-1031nd2018-162abd3c

## Summary

### Background

The Resolution Professional filed an urgent application seeking exclusion of certain dates from the Corporate Insolvency Resolution (CIR) period. The urgency was due to the impending expiration of the 270-day CIR period. Although a Resolution Plan had been filed, amendments were necessary, requiring a revised plan. The exclusion sought was for the period from November 2, 2018, to November 4, 2018, encompassing the petition's admission date and its communication to the Resolution Professional.

## Facts

The Resolution Professional (RP) filed an urgent application seeking the exclusion of specific dates from the Corporate Insolvency Resolution (CIR) period. The urgency stemmed from the imminent expiration of the 270-day CIR period. A Resolution Plan had been submitted, but revisions were necessary, necessitating a revised plan. The RP requested the exclusion of dates from 2018-11-02 to 2018-11-04, which includes the date of admission of the petition and the date it was communicated to the RP. The application was considered in light of a prior NCLAT judgment in Quinn Logistics India Pvt. Ltd. Vs. Mack Soft Tech Pvt. Ltd. & Ors. (Insolvency) AT No. 185 of 2018, which allows for the exclusion of certain periods when calculating the CIR period. The relevance of these

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## Issues and analysis

### Issue 1: Whether the exclusion of dates from 02.11.2018 to 04.11.2018 from the CIR period is permissible …

**Ratio:** The ratio is based on the precedent set by the Hon'ble NCLAT in the matter of Quinn

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**Reasoning:** The court reasoned that the exclusion prayed for by the Resolution Professional fell

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**Interpretation:** The interpretation of the legal issue involves understanding the scope and

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

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## Parties

- **Judges:** L. N. G…; Ina Mal…
- **Respondents:** Noslar Internation…; Sonu Trading…

## Timeline

- **2018-11-02 — Date of Admission of…**: The date on which the…
- **2018-11-04 — Date of Communication…**: The date on which the admission of the petition was communicated to the Resolution…

## 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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