# In the matter of DIVERSIFICATION AGRICULTURE PRODUCER COMPANY LIMITED

> NCLT judgment dated 2025-06-10. Citation: TCN-2025-NCLT-00733. The case involves Diversification Agriculture Producers Company Limited, which was admitted…

- **Court:** NCLT
- **Order date:** 10 Jun 2025
- **Citation:** TCN-2025-NCLT-00733
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/diversification-agriculture-producer-company-limited-37df990a

## Summary

### Background

The case involves Diversification Agriculture Producers Company Limited, which was admitted into CIRP following an application by Global New Energies & Technologies under Section 9 of the Insolvency and Bankruptcy Code (IBC). The Resolution Professional (RP), Mr. Pawan Kumar Agrawal, filed IA No. 458/2024 seeking a 90-day extension of the CIRP period and IA No. 123/2025 seeking exclusion of certain periods from the CIRP due to non-cooperation by the Committee of Creditors (CoC) and delays caused by interim applications. The CIRP commenced on October 6, 2023, and the initial 180-day period expired on April 3, 2024. The RP cited difficulties in progressing the CIRP due to the CoC's inaction and pending applications filed by the suspended management. The NCLT notes

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## Facts

The Corporate Debtor, Diversification Agriculture Producers Company Limited, was admitted into CIRP on October 6, 2023, following an application by the Operational Creditor, Global New Energies & Technologies. Mr. Pawan Kumar Agrawal was appointed as the Resolution Professional (RP). The initial 180-day CIRP period expired on April 3, 2024. The RP filed IA No. 458/2024 on August 12, 2024, seeking a 90-day extension of the CIRP period. The RP also filed IA No. 123/2025 on January 23, 2025, seeking exclusion of certain periods from the CIRP due to non-cooperation by the Committee of Creditors (CoC) and delays caused by interim applications. The RP cited the pendency of IA(IBC)/242/ALD/2024, an application for termination of CIRP, as a reason for the delay. The CoC

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## Issues and analysis

### Issue 1: Whether the application for exclusion of certain periods from the CIRP period, as requested in IA …

**Ratio:** The ratio is that exclusion of time from the CIRP period is not justifiable if the

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**Reasoning:** The NCLT reasoned that the reasons cited by the RP for seeking exclusion of time, such as

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**Interpretation:** This interpretation emphasizes the responsibility of the RP to actively pursue

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**Application:** In this case, the NCLT found that the reasons cited by the RP for seeking

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## Parties

- **Judges:** Praveen…; Ashish…
- **Appellants:** Pawan Kumar…
- **Respondents:** Diversification…; Samunnati…

## Timeline

- **2023-10-06 — Initiation…**: CIRP initiated against Diversification…
- **2023-10-12 — Form-A Public…**: Public announcement made…

## 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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