# In the matter of  Call Express Construction (India) Private Limited.

> NCLT judgment dated 2024-10-18. Citation: TCN-2024-NCLT-00391. The application was filed by Ms. Subramaniam Aneetha, the Resolution Professional of M/s Call…

- **Court:** NCLT
- **Order date:** 18 Oct 2024
- **Citation:** TCN-2024-NCLT-00391
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/call-express-construction-india-private-limited-13aea83b

## Summary

### Background

The application was filed by Ms. Subramaniam Aneetha, the Resolution Professional of M/s Call Express Constructions (India) Pvt Ltd in CP(IB)/17(CHE)/2023 under Section 33 of the Insolvency and Bankruptcy Code, 2016, seeking an order for the liquidation of the Corporate Debtor and to appoint a Liquidator. The CIRP was initiated on 05.07.2023 following an application by India Cements Limited, an Operational Creditor. The RP issued a public advertisement on 08.07.2023, inviting claims from stakeholders. The last date for submission of a resolution plan was 14.11.2023, later extended to 27.11.2023. One resolution plan was received from M/s DRA Adithya South City Projects Private Limited, but no action was taken due to an interim order. The plan was deemed non-compliant

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## Facts

Call Express Constructions (India) Private Limited faced Corporate Insolvency Resolution Process (CIRP) following an application by India Cements Limited, an Operational Creditor. The CIRP was initiated on 05.07.2023. Ms. Subramaniam Aneetha was appointed as the Resolution Professional (RP). The RP invited claims from stakeholders and received expression of interest from 25 persons, with only 15 submitting required documents. The Tribunal allowed for the appointment of an authorized representative for home buyers. The RP made a publication for invitation of expression of interest in Form-G in two newspapers on 31.08.2023. An interim order was passed on 03.10.2023, allowing the RP to receive resolution plans but deferring voting. The last date for submission of the plan

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## Issues and analysis

### Issue 1: Whether the delay of 15 days in filing the application for liquidation of the Corporate Debtor …

**Ratio:** The Tribunal has the discretion to condone delays in filing applications if sufficient

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**Reasoning:** The Tribunal considered the submissions made in the application IA/1963/CHE/2024 for

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**Interpretation:** The provision allows the Tribunal to consider the specific circumstances of the

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**Application:** The Tribunal condoned the 15-day delay, allowing the application for

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## Parties

- **Judges:** SANJIV…; Venkataraman…
- **Appellants:** Aneetha Subramania…
- **Respondents:** Call Express…; The India Cements…

## Timeline

- **2023-07-05 — CIRP Init…**: Corporate Insolvency Resolution Process (CIRP) initiated following an application by…
- **2023-07-08 — Public Annou…**: The RP issued a public advertisement…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 14 — Moratorium](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-14)

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