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2019 Supreme(NCLAT) 767

S.J.MUKHOPADHAYA, BANSI LAL BHAT
IDBI Bank Ltd. – Appellant
Versus
Anuj Jain Interim Resolution Professional, Jaypee Infratech Ltd. – Respondent


Advocates Appeared:
For the Appellant :Mr. Ramji Srinivasan, Sr. Advocate with Mr. Bishwajit Dubey, Mr. Uday Khare, Mr. Aditya Marwah, Ms. Sylona, Ms. Surabhi Khattar, Mr. Aditya Marwah, Ms. Visalakshmi, Mr. R.K. Sinha and Mr. Nikhil, Advocates
For the Respondent:Mr. Sumant Batra, Ms. Niharika Sharma, Ms. Jannhvi Bhasin and Mr. Sanjay Bhatt, Advocates for Resolution Professional
Mr. L.K. Bhushan, Advocate for Fixed Deposit Holder, Mr. Mahesh Agarwal and Mr. Rajeev Kumar, Advocates for Adani Infra (I) Ltd.

JUDGMENT :

SUDHANSU JYOTI MUKHOPADHAYA, J.

As both the appeals relate to ‘Corporate Insolvency Resolution Process’ against ‘Jaypee Infratech Limited’ (Corporate Debtor) they were heard together and disposed of by this common order.

2. The relevant facts of the case are as follows.

    The ‘Corporate Insolvency Resolution Process’ was initiated against ‘Jaypee Infratech Limited’ pursuant to an application under Section 7 of the ‘Insolvency and Bankruptcy Code, 2016 (for short, ‘the I&B Code’) filed by the ‘IDBI Bank Limited’ which was admitted with respect to same ‘Corporate Debtor’. One ‘Chitra Sharma’ moved before the Hon’ble Supreme Court, in ‘Chita Sharma Vs. Union of India’ wherein the Hon’ble Supreme Court by its judgement reported in ‘2018 SCC OnLine SC 874’ (decided on 9th August, 2018) passed the following order and directions”

“55. We, accordingly, issue the following directions:

(i) In exercise of the power vested in this Court under Article 142 of the Constitution, we direct that the initial period of 180 days for the conclusion of the CIRP in respect of JIL shall commence from the date of this order. If it becomes necessary to apply for a further extension of 90 days, we permit t

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