NCLAT excludes time period w.e.f 20th March, 2020 to 2nd September, 2020 from the ordinary CIRP period 180 days – Bhim Sain Goyal Vs. The American Swan Lifestyle Co. Pvt. Ltd. (Under CIRP) – NCLAT New Delhi
December 15, 2020
NCLAT held that the order passed by the Hon’ble Apex Court in suo moto Writ Petition (Civil) No. 3/2020 on 23rd March, 2020 concerns only filing of petitions/ applications/ suits/ appeals and other proceedings for which period of limitation has been extended w.e.f. 15th March, 2020 till further orders irrespective of the limitation prescribed under the general law or special laws. Though, this direction given by the Hon’ble Apex Court under Article 142 r/w Article 141 of Constitution of India has not been specifically made applicable to matters other than filing of petition, applications, suits, appeals, etc, the spirit behind it holds good in other proceedings as well. The Hon’ble Apex Court has taken note of the difficulties arising out of the imposition of lockdown in the wake of outbreak of COVID 19 pandemic and the directions came to be passed to obviate such difficulties.