# In the matter of Value Infracon India Pvt. Ltd. (IB)-22(PB)-2018

> NCLT judgment dated 2019-02-08. Citation: TCN-2019-NCLT-04935. The case involves Daimler Financial Services Pvt. Ltd. as the applicant/petitioner and Value…

- **Court:** NCLT
- **Order date:** 8 Feb 2019
- **Citation:** TCN-2019-NCLT-04935
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/value-infracon-india-pvt-ltd-ib-22pb-2018-43e2fa9b

## Summary

### Background

The case involves Daimler Financial Services Pvt. Ltd. as the applicant/petitioner and Value Infracon India Pvt. Ltd. as the respondent. The matter pertains to Section 7 of the Insolvency and Bankruptcy Code, 2016, specifically concerning the Corporate Insolvency Resolution Process (CIRP). The order was delivered on February 8, 2019.

## Facts

Daimler Financial Services Pvt. Ltd. filed a petition against Value Infracon India Pvt. Ltd. under Section 7 of the Insolvency and Bankruptcy Code, 2016. The petition was admitted on July 30, 2018. A status report was taken on record. The court considered excluding the period from October 25, 2018, to January 18, 2019, consumed in litigation, from the CIRP period of 270 days. The court noted the plea and orders of the Supreme Court and ordered the exclusion of the period. CA-189(PB)/2019 and CA-190(PB)/2019 were disposed of.

## Issues and analysis

### Issue 1: Whether the period from 25.10.2018 to 18.01.2019, consumed in litigation, should be excluded from …

**Ratio:** The ratio is based on the principle that periods consumed in litigation can be excluded

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**Reasoning:** The court reasoned that since the petition was admitted on 30.07.2018 and a period was

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**Interpretation:** This interprets the IBC to allow for exclusion of time spent in litigation from

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**Application:** The court applied this principle by excluding the period from 25.10.2018 to

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## Parties

- **Judges:** M. M. K…; Pradeep R.…
- **Appellants:** Daimler Financial…
- **Respondents:** Value Infracon…

## Timeline

- **2018-07-30 — Petition Ad…**: The petition was admitted…
- **2018-10-25 — Litigation Per…**: Start of the period…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 7 — Initiation of corporate insolvency resolution…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-7)

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