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Judgment
ORDER
IA No.937/2023 in Company Appeal (AT) (CH) (Ins) No.305/2023
Heard the Learned Counsel for the ‘Petitioner’ / ‘Appellant’, Mr. R. Vishnu in IA No.937/2023 (Condone Delay Application).
According to the ‘Petitioner’ / ‘Appellant’, the `Impugned Order’, passed on 25.01.2023 and the ‘Petitioner’ / ‘Appellant’ had applied for the ‘Certified Copy of the Impugned Order’ on 02.02.2023 and the ‘Certified Copy’, was received on 09.02.2023.
It comes to be known that the “EPFO had to take a ‘conscious decision’, in the matter, hence the matter was taken up, with the Head Office, for preferring an Appeal, and in this process, a delay of 204 days had occurred’’, which is neither wilful nor wanton, but due to the aforesaid reason(s), mentioned ‘Supra’.
It is pointed out by this ‘Tribunal’ that an ‘Aggrieved Person’ in respect of an Order passed by the National Company Law Tribunal, Kochi, as per section 61(1) of the I & B code, 2016, is to prefer an ‘Appeal’, within 30 days from the date of pronouncement of the ‘Order’.
As per section 61 (2) of the I & B Code, 2016, this ‘Appellate Tribunal’ is enjoined with discretionary power to ‘Condone the Delay’ not exceeding 15 days after exceeding 30 days from the date of pronouncement of the ‘Order’, provided a ‘Sufficient Cause’, is shown before this ‘Tribunal’, of course, to the subjective satisfaction of this Tribunal.
In the instant case, the ‘Petitioner’ / ‘Appellant’, has preferred an ‘Appeal’ before this ‘Tribunal’, on 19.08.2023 (before the ‘Office of the Registry’) for condoning a delay of 204 days, and the same cannot be condoned, because of the simple reason that this ‘Tribunal’, has no power enjoined, under the I & B Code, 2016, to ‘Condone the Delay’ beyond ‘30 + 15 = 45 days’. As such this ‘Tribunal’ is the earnest opinion that the ‘delay of 204 days’, cannot be condoned by ‘any stretch of imagination’. Viewed in that prospective, the I.A. No.937/2023 (Condone Delay Application) in Company Appeal (AT) (CH) (Ins) No.305/2023 is ‘devoid of any merits’, and the same is ‘dismissed’. No costs.
Company Appeal (AT) (CH) (Ins) No.305/2023
In view of the fact, that this ‘Tribunal’, today i.e., 22.09.2023, had ‘dismissed’ the IA No.937/2023 (Condone Delay Application), this ‘Tribunal’ is not entertaining the Comp. App (AT) (CH) (Ins) No.305/2023 and the same is hereby ‘rejected’. The connected pending IA Nos.935 & 936 / 2023 are closed.