# In the matter of Ahinsa Buildtech Private Limited IA No. 2198 of 2020 in CP (IB) 3562-MB-2018

> NCLT judgment dated 2022-03-24. Citation: TCN-2022-NCLT-03569. The application, IA No. 2198 of 2020 in CP (IB) 3562/MB/2018, was filed seeking exclusion of…

- **Court:** NCLT
- **Order date:** 24 Mar 2022
- **Citation:** TCN-2022-NCLT-03569
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/ahinsa-buildtech-private-limited-ia-no-2198-of-2020-in-cp-ib-3562-mb-2018-d25b4ef8

## Summary

### Background

The application, IA No. 2198 of 2020 in CP (IB) 3562/MB/2018, was filed seeking exclusion of time during the lockdown period from March 30, 2020, to November 30, 2020, and an extension of 90 days under Section 12(2) of the Code and Regulation 40 of IBBI Regulations, beyond the initial 180-day period, to allow time for a resolution plan. The CoC decided to seek an extension and exclusion under Section 40(c) due to the lockdown with 100% voting in its 5th meeting held on October 28, 2021. The RP stated the need for an extension and exclusion application due to the lockdown, and after discussion, it was decided to appoint the same lawyer as before and put it to e-voting. The RP proposed to file an application for a 90-day CIRP extension and exclusion period under sec 40C

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## Facts

The Corporate Insolvency Resolution Process (CIRP) was initiated against Ahinsa Buildtech Private Limited. An application was filed seeking exclusion of the lockdown period from March 30, 2020, to November 30, 2020, and a 90-day extension under Section 12(2) of the Code and Regulation 40 of IBBI Regulations. The CoC approved the Resolution Plan and filed IA 2230 of 2021 for approval. The 5th CoC meeting on October 28, 2021, decided to seek an extension and exclusion under Section 40(c) due to the lockdown. The RP proposed filing an application for a 90-day CIRP extension and exclusion period under sec 40C due to lockdown and appointed Mrs. Raina Birla as the advocate. The e-voting approved the extension and exclusion of the lockdown period. The total period from the

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## Issues and analysis

### Issue 1: Whether the exclusion of time during the lockdown period from March 30, 2020, to November 30, 2020, …

**Ratio:** Regulation 40C of the IBBI (Insolvency Resolution Process for Corporate Persons)

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**Reasoning:** The court considered the IBBI notification and regulation 40C, which specifically

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**Interpretation:** Regulation 40C is interpreted to mean that any delays in the CIRP process

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**Application:** The court applied Regulation 40C to the facts of the case, noting that the

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## Parties

- **Judges:** SUCHITRAKAN…; ANURADHA SANJAY…
- **Appellants:** Vijay Pitamber…
- **Respondents:** Ahinsa Buildtech…; Pravin Electricals…

## Timeline

- **2020-03-30 — Lockdown Peri…**: Start of the lockdown period…
- **2020-11-30 — Lockdown Per…**: End of the lockdown period for…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 12(2) — Time-limit for completion of insolvency…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-12)

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