2025 (12) TMI 239

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....mber (Judicial)] In this Company Appeal, the Appellant questions the propriety of the Impugned Order dated 28.06.2024, as it has been rendered in IA(IBC)/258/KOB/2024 in IBA/19/KOB/2019, being the proceedings, that were held before the NCLT, Kochi Bench, under Section 60 (5) of the I & B Code, 2016, to be read with Rule 11 of the NCLT Rules, 2016. The consequential effect of the Impugned Order has been that, the Interlocutory Application as preferred by the Appellant, had been rejected, holding thereof to be highly belated, since it has suffered with a delay of 953 days in submitting the claim before the liquidator. This instant Company Appeal is accompanied with two Interlocutory Applications being IA No.998/2025 and IA No.999/2025. In ....

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.... the report of the registry delay in preferring the Appeal is of 12 days. Having gone through the reasons given by the Appellant for seeking condonation of 12 days of delay as contained in para 8 of the Application which are that the Certified Copy was supplied only on 08.07.2025 and the EPFO being a large organisation, certain codal formalities had to be fulfilled for filing of the Appeal and finding the reasons to be satisfactory coupled with the fact that, the appeal had been filed well within the upper limit of 45 days as prescribed under proviso to Sub-Section (2) of Section 61 of the I & B Code, 2016, the delay in filing the Appeal would stand condoned. Accordingly, IA No.999/2025 would stand disposed of. 3. Heard the Learned Couns....

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.... seeking condonation of delay of 953 days in filing of the claim, as the last date, for filing the claim was 08.07.2021 and the claim itself was filed on 20.02.2024 after a delay of 953 days which is in violation to the provisions of Section 38 of I & B Code, 2016, which prescribes for that the claim are to be filed within 30 days from the date of the commencement of the liquidation process. Though belated submission of the claim to the liquidator can be permitted under exceptional circumstances, where the delay happens to be reasonably explained, in the instant case there is no such exceptional circumstances and the claim has been filed with a delay of 953 days, which does not deserve consideration and hence the same has been rightly rejec....