Tribunals and CommissionsFull Bench(2022) 09 NCLAT CK 0077

Employee�s Provident Fund Organization (EPFO) vs Charu Desai, Resolution Professional of Calyx Chemicals & Pharmaceuticals Ltd. & Ors

National Company Law Appellate Tribunal · Decided on 20 September 2022

HON’BLE JUDGES
Ashok Bhushan, Chairperson · M. Satyanarayana Murthy, Member (J) · Barun Mitra, Member (T)
RESULT
Dismissed
CASE NUMBER
Company Appeal (AT) (Insolvency) No. 1110 Of 2022 & I.A. No. 3273 & 3293 Of 2022

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Judgment

2 paragraphs · 192 words
1.

This is an Application (I.A. No. 3273 of 2022) for condonation of delay of 49 days in re-filing the Appeal. Ground taken in the Application is that Learned Counsel for the Appellant was renovating his office and files got misplaced which was tagged with some other file, due to which delay caused. Cause shown sufficient. Delay in re-filing the Appeal is condoned.

2.

This Appeal has been filed against the Order dated 16th April, 2019. This Appeal was filed before this Tribunal only on 16th June, 2022. There is inordinate delay in filing the Appeal. The Appellant is not even entitled for the benefit of Order of Hon’ble Supreme Court in Suo Moto Writ Petition No. 03 of 2020 since the Appeal became time barred even before 25th March, 2020. The power to condone the delay vested with this Tribunal is only of 15 days under Section 61(2) of the IBC, 2016. Hence the Application (I.A. No. 3293 of 2022) praying for condonation of delay has to be rejected. No grounds made out for condonation of delay. Application for condonation of delay is dismissed. Consequently, the Memo of Appeal is rejected.