# In the matter of UM Green Lighting Pvt. Ltd.

> NCLT judgment dated 2023-04-10. Citation: TCN-2023-NCLT-03888. The application (IA-1816/2023) was filed seeking exclusion of a 394-day period from the…

- **Court:** NCLT
- **Order date:** 10 Apr 2023
- **Citation:** TCN-2023-NCLT-03888
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/um-green-lighting-pvt-ltd-4362c8bc

## Summary

### Background

The application (IA-1816/2023) was filed seeking exclusion of a 394-day period from the Corporate Insolvency Resolution Process (CIRP) on the grounds that the Interim Resolution Professional (IRP) could not properly discharge duties and the Resolution Professional's (RP) appointment was confirmed late.

## Facts

M/s. Jakson Engineers Limited filed an application, IA-1816/2023 , seeking to exclude a period of 394 days, from December 13, 2021, to January 10, 2023, from the prescribed period of CIRP . The primary reason cited by the counsel for the Resolution Professional (RP) was that the Interim Resolution Professional (IRP) was unable to discharge duties effectively, and the confirmation of the RP's appointment by the Committee of Creditors (CoC) was delayed until January 10, 2023. This delay was presented as the sole justification for the requested exclusion.

## Issues and analysis

### Issue 1: Whether the period of 394 days from December 13, 2021, to January 10, 2023, should be excluded from …

**Ratio:** The dormancy or reluctance of an Interim Resolution Professional (IRP) or Resolution

…

**Reasoning:** The NCLT noted that the application for IRP replacement (IA-743/ND/2022) was not

…

**Interpretation:** The NCLT interpreted the grounds for exclusion from CIRP strictly, emphasizing

…

**Application:** Given the IRP's apparent lack of diligence and the absence of a plausible

…

## Parties

- **Judges:** SHRI. ASHOK KUMAR…; SHRI. L. N.…; +2 more
- **Appellants:** M/s. Jakson…
- **Respondents:** M/s. UM Green…; M/S UM GREEN…
- **Advocates:** For the RP: Adv.…; Rajiv Bhatnagar…

## Timeline

- **December 13, 2021 — Start of period for…**: The beginning of the 394-day period…
- **February 16, 2022 — Order regarding IRP…**: Order issued concerning IA-743/ND/2022 for IRP replacement, noting lack of CoC resolution…

## 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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