# In the matter of Yatra Online Limited IA No. 1046-2022 in CP (IB) 180-2022

> NCLT judgment dated 2023-03-17. Citation: TCN-2023-NCLT-04170. Yatra Online Limited, the Corporate Debtor, filed an application (IA No. 1046/2022) under…

- **Court:** NCLT
- **Order date:** 17 Mar 2023
- **Citation:** TCN-2023-NCLT-04170
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/yatra-online-limited-ia-no-1046-2022-in-cp-ib-180-2022-a950ffad

## Summary

### Background

Yatra Online Limited, the Corporate Debtor, filed an application (IA No. 1046/2022) under Section 60(5) of the Insolvency & Bankruptcy Code, 2016, seeking the dismissal of the Operational Creditor's (Ezeego One Travel and Tours Limited) application under Section 9 of the Code. The Corporate Debtor argued that the application was not maintainable due to being barred by Section 10A of the Code, which pertains to the suspension of insolvency proceedings during a specific period. The Operational Creditor was admitted into CIRP vide order dated 09.03.2021.

## Facts

Yatra Online Limited (Corporate Debtor) filed an application seeking dismissal of Ezeego One Travel and Tours Limited's (Operational Creditor) application under Section 9 of the IBC, arguing it was barred by Section 10A due to the default date falling within the suspension period. The Operational Creditor was admitted into CIRP vide order dated 09.03.2021. The Corporate Debtor claimed the default date was 30.10.2020. The Operational Creditor's Resolution Professional argued the default occurred before the suspension period and presented evidence of debt acknowledgment by the Corporate Debtor. The Corporate Debtor had offered to transfer 7.5 Cr. to the Operational Creditor on 12.09.2019. Ledger statements showed the last transaction date as 23.06.2019, and the agreement

…

## Issues and analysis

### Issue 1: Whether the application filed by the Corporate Debtor seeking dismissal of the Operational …

**Ratio:** Section 10A of the IBC suspends the initiation of corporate insolvency resolution process

…

**Reasoning:** The court reasoned that if the date of default falls within the period specified in

…

**Interpretation:** Section 10A provides a bar on initiating CIRP for defaults occurring during the

…

**Application:** The court found that the default occurred in July 2019, before the period

…

## Parties

- **Judges:** Prabhat…; KISHORE VEMULAPALL…
- **Respondents:** YATRA ONLINE…; Ezeego One Travel…
- **Advocates:** Nausher…; Krishnendu…

## Timeline

- **2021-03-09 — CIRP Admi…**: Ezeego One Travel and Tours…
- **2021-07-23 — Email fr…**: Applicant Resolution Professional addressed an email requesting the Corporate Debtor to…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 60(5) — Adjudicating Authority for corporate persons](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-60)

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/yatra-online-limited-ia-no-1046-2022-in-cp-ib-180-2022-a950ffad