The Regional Provident Fund Commissioner – II vs C.S. Ramachandran Thekkumkat Madathil, Resolution Professional of M/s. Foodco Delicacies India Pvt. Ltd.

According to the ‘Petitioner’ / ‘Appellant’, the Instant ‘Appeal’, came to be filed by the ‘Petitioner’ / ‘Appellant’, on 16.08.2023 and the ‘Impugned Order’ was passed on 16.03.2023 in IA(IBC) No.479/KOB/2022 in CP(IB)/08/KOB/2021 and the reason ascribed, on behalf of the ‘Petitioner’ / ‘Appellant’ is that, although an ‘Order’, was passed on 16.03.2023, by the ‘National Company Law Tribunal’, Kochi Bench, the ‘Petitioner’ / ‘Appellant’ had applied for the ‘Certified Copy’ on 21.06.2023 and the said copy was received on 26.06.2023.

The ‘Petitioner’ / ‘Appellant’ in IA No.939/2023, has come out with a reason that “EPFO, had to take conscious decision in the matter, hence the matter was taken up with the head office for preferring appeal”. Ultimately, the instant ‘Appeal’, came to be filed before this ‘Tribunal’ on 16.08.2023 that the Condoning Delay of 152 days, in preferring an ‘Appeal’. According to the ‘Petitioner’ / ‘Appellant’, the said reason ascribed is neither wilful nor wanton, but due to the aforesaid reasons, mentioned ‘Supra’.

It transpires that an ‘Appeal’, can be preferred before the ‘Appellate Tribunal’, in respect of ‘Impugned Order’ passed by the `National Company Law Tribunal’, Kochi Bench, within ‘30 days’, from the date of pronouncement of Order (under section 61(1) of the I & B Code, 2016).

As per section 61 (2) of the I & B Code, 2016, this ‘Appellate Tribunal’, is empowered with the discretion to ‘Condone the Delay’, beyond 30 days, not exceeding 15 days (after expiry of 30 days’ period), provided, a ‘Sufficient Cause’, is shown by a person, for not preferring an ‘Appeal’, in time.

There is no power enjoined upon the ‘Appellate Tribunal’, (under Section 61 of the I & B Code, 2016), to Condone the delay of 152 days, in preferring an ‘Appeal’, by the ‘Petitioner’ / ‘Appellant’. Even though, the Petitioner / Appellant, has come out with the Administrative Reasons, for the delay of 152 days, this ‘Tribunal’ in an unequivocal manner points out that, beyond ‘30 + 15 = 45 days’, this Tribunal, is not empowered to Condone the delay. Viewed in that prospective, the I.A. No. 939/2023 (Condone Delay Application) sans merits and accordingly fails. IA No.939 / 2023 in Comp App (AT) (CH) (Ins) No.306 / 2023 is ‘dismissed’, but without costs.

In view of the fact, that this ‘Tribunal’, ‘dismissed’ the IA No.939/2023 (Condone Delay Application), this ‘Tribunal’ is not entertaining the Comp App (AT) (CH) (Ins) No.306 / 2023 and the same is hereby ‘rejected’. No costs. The connected pending IA Nos.938 & 940/2023 are closed.