# In the matter of Sandhya Shipping Services Pvt. Ltd. MA-1427-2019 in CP-737-IB-2018

> NCLT judgment dated 2020-03-09. Citation: TCN-2020-NCLT-01616. The application MA/1427/2019 in CP/737/IB/2018 was filed seeking certain reliefs, including…

- **Court:** NCLT
- **Order date:** 9 Mar 2020
- **Citation:** TCN-2020-NCLT-01616
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/sandhya-shipping-services-pvt-ltd-ma-1427-2019-in-cp-737-ib-2018-62d8478a

## Summary

### Background

The application MA/1427/2019 in CP/737/IB/2018 was filed seeking certain reliefs, including excluding a period of 275 days from the CIRP timeline and passing other orders as deemed fit. The CIRP against the Corporate Debtor was initiated on 14.03.2019 based on a petition by the Operational Creditor. The IRP/Applicant did not provide consent in Form-2 for appointment and was unaware of the appointment until 27.11.2019 when the Operational Creditor notified them. The communication of the order was available in the IRP/Applicant's SPAM folder from 19.03.2019, but it was not opened. The tribunal noted the delay in making a public announcement for claims and constituting the CoC.

## Facts

The Corporate Insolvency Resolution Process (CIRP) was initiated against Sandhya Shipping Services Pvt Ltd on 14.03.2019 based on a petition filed by the Operational Creditor. The Interim Resolution Professional (IRP)/Applicant, Rajaguruswami Maheswaran, did not provide consent in Form-2 for the appointment. The IRP/Applicant was unaware of the appointment until 27.11.2019, when the Operational Creditor notified them. The communication of the order was available in the IRP/Applicant's SPAM folder from 19.03.2019, but it was not opened. There was a delay of 275 days in the CIRP process. The Operational Creditor's counsel was unable to explain the delay in communication. The IRP/Applicant's appointment was based on the Insolvency and Bankruptcy Board of India (IBBI)'s

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## Issues and analysis

### Issue 1: Whether the delay of 275 days in the …

**Ratio:** Section 12 of the Code allows for the exclusion

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**Reasoning:** The tribunal considered the delay of 275 days and the reasons for the delay, including

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**Interpretation:** Section 12 provides the legal basis for excluding periods from the CIRP

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**Application:** The tribunal did not explicitly rule on whether the delay should be excluded

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## Parties

- **Judges:** R. VARADH…; Anil Ku…
- **Appellants:** RAJAGURUSWAMI…
- **Respondents:** SANDHYA SHIPPING…

## Timeline

- **2019-03-14 — CIRP Init…**: CIRP initiated against the Corporate Debtor based on the petition filed by the…
- **2019-03-19 — Order Commun…**: Registry sent the order to the…

## Legal provisions

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

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