# Devi Prasad vs. M/s Juggilal Kamlapath Jute Mills Company Ltd.

> NCLT judgment dated 24 Apr 2026. Citation: TCN-2026-NCLT-00470. This application was filed seeking exclusion of time from the Corporate Insolvency Resolution…

- **Court:** NCLT
- **Order date:** 24 Apr 2026
- **Citation:** TCN-2026-NCLT-00470
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-kolkata/devi-prasad-vs-ms-juggilal-kamlapath-jute-mills-company-ltd-t4dp4

## Summary

### Background

This application was filed seeking exclusion of time from the Corporate Insolvency Resolution Process (CIRP) period of M/s Geo Jute Ltd. The applicant, Mr. Deepak Kumar Agarwal, Resolution Professional (RP), requested exclusion for 135 days (from 2025-12-02 to 2026-04-15) and an additional period from the date of filing (2026-04-15) until the order pronouncement. The grounds for exclusion included wilful non-cooperation from the suspended Board of Directors of the Corporate Debtor, their failure to provide adequate information and documents, and the pendency of Civil Appeal Diary No. 30277/2025 before the Hon'ble Supreme Court. An earlier Supreme Court order dated 2024-01-19 also directed that the Resolution Plan should not be approved by the Committee of Creditors

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## Facts

An application (IA No.272/2026 in CP (IB) No.280/ALD/2018) was filed by Mr. Deepak Kumar Agarwal, Resolution Professional, seeking exclusion of time from the CIRP of M/s Geo Jute Ltd.

The application sought exclusion for a period of 135 days from 2025-12-02 to 2026-04-15.

Further exclusion was sought for the period from the date of filing the application (2026-04-15) until the date of the order's pronouncement.

Reasons for seeking exclusion included the wilful non-cooperation of the suspended Board of Directors of the Corporate Debtor and the pendency of Civil Appeal Diary No. 30277/2025 before the Supreme Court.

An earlier Supreme Court order, passed against the CIRP/admission order dated 2024-01-19, directed that the Resolution Plan shall not be approved by the CoC.

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## Issues and analysis

### Issue 1: Whether the period of 135 days from 2025-12-02 to 2026-04-15 should be excluded from the Corporate …

**Ratio:** The NCLT, exercising its powers under Section 60(5) read with Section 12 of the IBC and

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**Reasoning:** The applicant, the Resolution Professional, submitted that the Corporate Debtor's

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**Interpretation:** The NCLT interprets its inherent powers under Rule 11 of the NCLT Rules, 2016,

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**Application:** Given the wilful non-cooperation of the suspended Board of Directors and the

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## Parties

- **Judges:** Praveen…; Ashish…
- **Appellants:** Devi Pr…; Deepak Kumar…
- **Respondents:** M/s Juggilal…
- **Other parties:** Corporate…; Exclusion o…; +4 more

## Timeline

- **2024-01-19 — CIRP/Admissio…**: Date of the CIRP/admission order against which a matter is before the Hon'ble Supreme…
- **2025-12-01 — End of Previously…**: Date of an Order by the Hon'ble Tribunal marking the end of a previously excluded period…

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