Exclusion period of delay in appointing the Resolution Professional in place of the Interim Resolution Professional and the period during which the application remained pending before the Adjudicating Authority- Vandana Garg Vs. Reliance Capital Ltd. & Anr. – NCLAT
NCLAT granted the extension and held that in the present case, as the CIRP could not proceed in the absence of Resolution Professional for 35 days the case of Appellant being covered by decision of this Appellate Tribunal in “Quinn Logistics India Pvt. Ltd.”, we allow the prayer as made in this appeal and exclude the period of 35 days of delay in appointing the Resolution Professional in place of the ‘Interim Resolution Professional’for the purpose of counting 180 days or 270 days of Resolution Process. We also exclude the period of pendency of 18 days during which the application remained pending before the Adjudicating Authority. Thereby, we exclude the total period of 53 days for the purpose of counting 180 days or 270 days.”