Model Timeline under IBC Regulations is only a directory in nature, it cannot be considered a deadline – Standard Surfa Chem India Pvt. Ltd. Vs. Kishore Gopal Somani, Liquidator of Advanced Surfactants India Ltd.- NCLAT New Delhi
February 22, 2022
NCLAT holds that it is pertinent to mention that Liquidation Process Regulation 47 deals with the Model Timeline for Liquidation Process. Model Timeline is only a directory in nature. It cannot be considered a deadline. It is provided under Regulation as a guiding factor to complete the liquidation process in a time-bound manner. In exceptional circumstances, such a time limit can be extended. Hon'ble Supreme Court, while dealing with the timeline provided under Section 7 of the Insolvency and Bankruptcy Code 2016, has held that the timeline provided under Section 7 of the Code is a directory in nature and in special exceptional circumstances, it can be extended.