# In the matter of Siddhi Vinayak Power Generation & Distributors Pvt. Ltd. (IB)-531(ND)2018

> NCLT judgment dated 2019-05-29. Citation: TCN-2019-NCLT-03159. The Resolution Professional (RP) filed an application seeking the exclusion of certain days…

- **Court:** NCLT
- **Order date:** 29 May 2019
- **Citation:** TCN-2019-NCLT-03159
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/siddhi-vinayak-power-generation-distributors-pvt-ltd-ib-531nd2018-6b794aeb

## Summary

### Background

The Resolution Professional (RP) filed an application seeking the exclusion of certain days from the Corporate Insolvency Resolution (CIR) period. The application was filed on January 2, 2019, and disposed of on February 1, 2019. The RP's application is supported by an affidavit and refers to a decision by the NCLAT in Quinn Logistics India Pvt. Ltd. V/s. Mack Soft Tech Pvt. Ltd. & Others, which provided guidelines for excluding periods from the 180/270-day CIR period. Additionally, a prayer for extension was made pursuant to a decision of the Committee of Creditors (COC) in its meeting dated April 20, 2019.

## Facts

The Resolution Professional (RP) for M/s. Siddhi Vinayak Power Generation & Distributors Pvt. Ltd. filed an application seeking the exclusion of certain days from the Corporate Insolvency Resolution (CIR) period. The application was initially filed on January 2, 2019, and disposed of on February 1, 2019. The application was supported by an affidavit and referred to a decision by the NCLAT in the matter of Quinn Logistics India Pvt. Ltd. V/s. Mack Soft Tech Pvt. Ltd. & Others, which laid down guidelines for excluding periods from the 180/270 days of the CIR period. The RP sought exclusion of the period from January 2, 2019, to February 1, 2019, which amounts to 30 days. Furthermore, a prayer for extension of the CIR period was made pursuant to the decision of

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## Issues and analysis

### Issue 1: Whether the applicant is entitled to exclusion of the time period from 2nd January 2019 to 1st …

**Ratio:** The NCLAT in Quinn Logistics India Pvt. Ltd. V/s. Mack Soft Tech Pvt. Ltd. & Others

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**Reasoning:** The court considered the NCLAT's guidelines and the RP's submission that the application

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**Interpretation:** The NCLAT's guidelines provide a framework for determining which periods can be

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**Application:** Based on the NCLAT's guidelines and the specific facts of the case, the court

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## Parties

- **Judges:** V.K. SUB…; Ina Mal…
- **Respondents:** M/s. Siddhi…

## Timeline

- **2019-01-02 — Application…**: RP filed application seeking exclusion…
- **2019-02-01 — Application D…**: The application was…

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