Case Details
Case Name: Vivek Bansal Resolution Professional of Senior Builders Ltd. versus Sumit Shukla IP Authorized Representative Committee of Creditors in Class
Court/Authority: National Company Law Appellate Tribunal Principal Bench, New Delhi
Case Number: Company Appeal (AT) (Ins.) No. 991 of 2026
Date of Order: 03.06.2026
Appeal Against: Impugned order dated 22.04.2026 passed by National Company Law Tribunal, New Delhi, Bench-IV in IA. No. 1716/ND/2026 in C.P. (IB) No. 457/PB/2022
Period of Dispute: Application sought exclusion of 87 days from 15.12.2025 to 11.03.2026 from CIRP timeline
Parties Involved
Appellant: Vivek Bansal, Resolution Professional of Senior Builders Ltd.
Respondent: Sumit Shukla, IP Authorized Representative Committee of Creditors in Class
Legal Representation: For Appellant: Mr. Anup Kumar and Mr. Amit Prakash, Advocates. For Respondent: Mr. Sumit Shukla, AR of CoC
Tribunal Members: Justice Yogesh Khanna (Member Judicial), Mr. Naresh Salecha (Member Technical)
Issues / Allegations / Violations
The appeal was filed against the NCLT order that rejected an application under Section 12(2) of the IBC, 2016 read with Regulation 40 of the CIRP Regulations, 2016. The application sought exclusion of 87 days from the Corporate Insolvency Resolution Process (CIRP) timeline.
The background involved an application for removal of the erstwhile Resolution Professional filed on 15.12.2025, which was allowed on 11.03.2026. The new Resolution Professional took charge on 12.03.2026 and upon scrutiny found that substantial work was still pending with only 26 days remaining for completion of the CIRP timeline as per Section 12 of the Code.
Findings & Observations
The NCLAT noted that unless the period of 87 days was excluded from the CIRP timeline, the CIRP period could exceed 330 days, thereby mechanically triggering liquidation of the Corporate Debtor.
The Tribunal referenced that the Hon'ble Supreme Court, in a catena of judgments, has consistently held that liquidation is a measure of last resort and every possible step must be taken to ensure resolution and preserve the Corporate Debtor as a going concern.
The authorized representative of the Committee of Creditors (CoC) was present and supported the appeal.
The Ld. Counsel for the Resolution Professional also appeared on advance notice and submitted he had no objection to excluding the period of 87 days from the CIRP.
Penalties / Settlements / Directions
The NCLAT allowed the appeal and set aside the impugned order insofar as it had dismissed the application for excluding the period of 87 days from the CIRP.
The Tribunal also disposed of pending I.A. No. 3941 of 2026.
Final Ruling & Enforcement
The appeal was allowed in full. The period of 87 days from 15.12.2025 to 11.03.2026 was excluded from the CIRP timeline of Senior Builders Ltd., preventing the automatic triggering of liquidation due to timeline expiration.