Provisions of Insolvency and Bankruptcy Code regarding time are not mandatory

NCLT in the matter of J K Jute Mills Company Limited Vs Surendera Trading Company; Company Appeal (AT) No. 9 of 2017 compared the prescription of time limit prescribed under Section 7, 9 and 10 of Insolvency and Bankruptcy Code with provisions of Order 8 Rule 1 of CPC. It was held both the provisions have been added in the statute to prevent the delay in hearing the disposal of the cases, however, in appropriate cases, for the reasons to be recorded in writing, it can admit or reject the petition after the period prescribed under section 7 or Section 9 or Section 10. The mandate of these provisions are procedural in nature, a tool of aid in expeditious dispensation of justice and is directory.