The expression “shall ever be filed” is a clear indicator that the intent of the legislature is to bar the institution of any application for the commencement of the CIRP in respect of a default which has occurred on or after 25.03.2020 for a period of six months, extendable up to one year as notified – Interactive Communication Service (India) Pvt. Ltd. Vs. Shipra Estates Ltd. – NCLT New Delhi Bench Court-IV
The Adjudicating Authority held that from the perusal of the provision of section 10A of the Code, it is apparent that the provision bars the filing of an application in a situation, where the default has occurred during the period from 25.03.2020 to 24.03.2021. Further going into the legislative intent and the proviso to Section 10A of the code, which stipulates that “no application shall ever be filed” for the initiation of the CIRP “for the said default occurring during the said period”, noticed that the expression “shall ever be filed” is a clear indicator that the intent of the legislature is to bar the institution of any application for the commencement of the CIRP in respect of a default which has occurred on or after 25 March 2020 for a period of six months, extendable up to one year as notified.
