# In the matter of Om Pizza and Eats India Pvt. Ltd. IA-2754 & 2755-2022 in IB-89(ND)2018

> NCLT judgment dated 2022-10-14. Citation: TCN-2022-NCLT-00725. The case involves an application (IA-2754/2022) for exclusion of time from the date of the…

- **Court:** NCLT
- **Order date:** 14 Oct 2022
- **Citation:** TCN-2022-NCLT-00725
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/om-pizza-and-eats-india-pvt-ltd-ia-2754-2755-2022-in-ib-89nd2018-44bad93a

## Summary

### Background

The case involves an application (IA-2754/2022) for exclusion of time from the date of the pronouncement of the order for initiation of liquidation of the Corporate Debtor until the date of receipt of the order copy, specifically from 2020-02-14 to 2020-07-30. The applicant's counsel submits that the Resolution Professional (RP) continues to be the Liquidator.

## Facts

M/s. Gozoop Online Pvt. Ltd. filed an application (IA-2754/2022) seeking exclusion of time from the date of the pronouncement of the order for initiation of liquidation of the Corporate Debtor until the date of receipt of the order copy, which is from 2020-02-14 to 2020-07-30. The counsel for the applicant stated that the Resolution Professional (RP) continues to be the Liquidator. The court noted the delay in the RP receiving the orders and directed the Liquidator to file a one-page synopsis explaining the reasons for seeking the exclusion. Another application, IA-2755/2022, was also listed along with IA-2754/2022 for hearing on 2022-10-21. The corporate debtor is not explicitly mentioned by name, but is implied in the context of the liquidation proceedings.

## Issues and analysis

### Issue 1: Whether the exclusion of time from 2020-02-14 to 2020-07-30 should be granted in the liquidation …

**Ratio:** The court has the discretion to exclude time in liquidation proceedings based on

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**Reasoning:** The court found it difficult to understand why the RP, who continues to be the

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**Interpretation:** The court is interpreting the provisions related to exclusion of time in the

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**Application:** The court applied this principle by directing the Liquidator to provide a

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## Parties

- **Judges:** SHRI. BACHU…; Shri. L. N.…
- **Appellants:** M/s. Gozoop…
- **Respondents:** OM Pizzas and…

## Timeline

- **2020-02-14 — Start of Time Exclusion…**: The date from which exclusion of time is sought, related to the pronouncement of order…
- **2020-07-30 — End of Time Exclusion…**: The date until which exclusion of time is sought, related to the receipt of the order…

## 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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