ORDER
In the instant petition, the petitioner has prayed for the following reliefs:-
"1. Pass a writ of certiorari or any other appropriate writ or order setting aside and quashing the order at 'Annexure A' dated 24.06.2020 in
I.A.No.198/2020 in CP(IB)
No:180/BB/2018 passed by the
Hon'ble NCLT, Bengaluru Bench, as against this petitioner.
2. Extend the Corporate Insolvency Resolution Period (CIRP) up to 330 days, excluding the period of
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lockdowns and permit the petitioner herein to submit his resolution plan for revival of M/s. Air Pegasus Private Limited, and
3. Pass such other or further reliefs as this Hon'ble Court deems fit, in the interest of justice and equity."
2. Undisputedly the petitioner has a statutory remedy under Section 61 of The Insolvency and Bankruptcy Code, 2016. Thus, the petitioner has rushed to this Court in presenting the present petition.
3. The learned counsel for the petitioner vehemently contended that as on the date of presentation of the present petition, Appellate Court was not functioning due to Covid-19. Such a contention is not forthcoming from the pleadings. In fact the petitioner has also not stated as to why he has not exhausted an alternative statutory remedy under Section 61 of The Insolvency and Bankruptcy Code,
2016.
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4. In view of these facts and circumstances, writ petition stands disposed of, since the petitioner has a statutory remedy of appeal. Accordingly, present petition is disposed of reserving liberty to the petitioner to approach Appellate Forum within a period of four weeks from today. He is also permitted to make necessary application for interim relief in accordance with law. Till consideration of petitioner's interim relief by the Appellate Forum, the respondents are hereby directed not to precipitate the matter pursuant to the order dated 24.06.2020 in I.A.No.198/2020 in CP(IB) No.180/BB/2018 passed by Hon'ble National Company Law Tribunal, Bengaluru Bench at (Annexure-'A'). Sd/-
JUDGE
KPS
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