# In the matter of Veer Gurjar Alluminium Industries Pvt. Ltd. C.P. (IB)-488-MB-2018

> NCLT judgment dated 2019-05-06. Citation: TCN-2019-NCLT-03458. The Resolution Professional (RP) filed an application seeking the exclusion of a certain period…

- **Court:** NCLT
- **Order date:** 6 May 2019
- **Citation:** TCN-2019-NCLT-03458
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/veer-gurjar-alluminium-industries-pvt-ltd-cp-ib-488-mb-2018-11b74a0b

## Summary

### Background

The Resolution Professional (RP) filed an application seeking the exclusion of a certain period from the Corporate Insolvency Resolution Process (CIRP). The application highlights a delay of 34 days in changing the name of the Interim Resolution Professional (IRP). Additionally, a stay order was issued by the Supreme Court against the admission of the petition by the National Company Law Tribunal (NCLT) on August 9, 2018. The stay was effective from November 12, 2018, to April 9, 2019, totaling 149 days.

## Facts

The Resolution Professional (RP) filed an application seeking the exclusion of a certain period from the Corporate Insolvency Resolution Process (CIRP). There was a delay of 34 days in changing the name of the Interim Resolution Professional (IRP). The Supreme Court issued a stay order against the admission of the petition by the NCLT on 2018-08-09. The stay was in effect from 2018-11-12 to 2019-04-09, totaling 149 days. The applicant requested the exclusion of 183 days from the CIRP period. The NCLT bench excluded 183 days from the CIRP period, extending the CIRP end date to 2019-08-07.

## Issues and analysis

### Issue 1: Whether the application filed by the RP seeking exclusion of certain period from the CIRP is …

**Ratio:** The maintainability of an application for exclusion of time from the CIRP period depends

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**Reasoning:** The court considered the RP's application, taking into account the delay in changing the

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**Interpretation:** The interpretation of the IBC and related regulations determines the scope and

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**Application:** In this case, the court found that the delay in changing the IRP's name and the

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## Parties

- **Judges:** Bhaskara Pantula…; V. Nallasen…
- **Appellants:** JM Financial…
- **Respondents:** Veer GurjarAlumini…

## Timeline

- **2018-08-09 — Admission of…**: NCLT admitted the petition, but the Supreme Court issued a stay order against the…
- **2018-11-12 — Stay Order in…**: The stay order issued by the…

## 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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