National Company Law Appellate TribunalThe Regional Provident Fund ... vs Mohanan.T.S on 22 September, 2023NATIONAL COMPANY LAW APPELLATE TRIBUNAL\n                       AT CHENNAI\n                     (APPELLATE JURISDICTION)\n             Company Appeal (AT) (CH) (Ins) No.305/2023\n                       (IA Nos.935, 937 & 936/2023)\n  (Filed under Section 61 of the Insolvency and Bankruptcy Code, 2016)\n        (Arising out of the Impugned Order dated 25.01.2023 in\n IA(IBC)/22/KOB/2023 in IBA/24/KOB/2020, passed by the 'Adjudicating\n         Authority', (National Company Law Tribunal, Kochi)\nIn the matter of:\nThe Regional Provident Fund Commissioner - II\nKaloor Kochi                                                       ...Appellant\nV\nMr. Mohanan T.S & Anr.                                         ....Respondents\nPresent :\nFor Appellant       : Mr. R. Vishnu, Advocate\nFor Respondent       : Mr. Jerin Asher Sojan, Advocate\n\n                                       ORDER(Virtual Mode)\n22.09.2023:IA No.937/2023 in Company Appeal (AT) (CH) (Ins) No.305/2023\n\n      Heard the Learned Counsel for the 'Petitioner' / 'Appellant', Mr. R. Vishnu\n\nin IA No.937/2023 (Condone Delay Application).According to the 'Petitioner' / 'Appellant', the `Impugned Order', passed\n\non 25.01.2023 and the 'Petitioner' / 'Appellant' had applied for the 'Certified\n\nCopy of the Impugned Order' on 02.02.2023 and the 'Certified Copy', was\n\nreceived on 09.02.2023.Comp App (AT) (CH) (Ins) No.305/2023                                    Page 1 of 3It comes to be known that the "EPFO had to take a 'conscious decision', in\n\nthe matter, hence the matter was taken up, with the Head Office, for preferring an\n\nAppeal, and in this process, a delay of 204 days had occurred'', which is neither\n\nwilful 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\n\nan Order passed by the National Company Law Tribunal, Kochi, as per section\n\n61(1) of the I & B code, 2016, is to prefer an 'Appeal', within 30 days from the\n\ndate of pronouncement of the 'Order'.As per section 61 (2) of the I & B Code, 2016, this 'Appellate Tribunal' is\n\nenjoined with discretionary power to 'Condone the Delay' not exceeding 15 days\n\nafter exceeding 30 days from the date of pronouncement of the 'Order', provided\n\na 'Sufficient Cause', is shown before this 'Tribunal', of course, to the subjective\n\nsatisfaction of this Tribunal.In the instant case, the 'Petitioner' / 'Appellant', has preferred an 'Appeal'\n\nbefore this 'Tribunal', on 19.08.2023 (before the 'Office of the Registry') for\n\ncondoning a delay of 204 days, and the same cannot be condoned, because of the\n\nsimple reason that this 'Tribunal', has no power enjoined, under the I & B Code,\n\n2016, to 'Condone the Delay' beyond '30 + 15 = 45 days'. As such this 'Tribunal'\n\nis the earnest opinion that the 'delay of 204 days', cannot be condoned by 'any\n\nstretch of imagination'. Viewed in that prospective, the I.A. No.937/2023Comp App (AT) (CH) (Ins) No.305/2023                                      Page 2 of 3(Condone Delay Application) in Company Appeal (AT) (CH) (Ins) No.305/2023\n\nis 'devoid of any merits', and the same is 'dismissed'. No costs.\n\nCompany Appeal (AT) (CH) (Ins) No.305/2023\n\n        In view of the fact, that this 'Tribunal', today i.e., 22.09.2023, had\n\n'dismissed' the IA No.937/2023 (Condone Delay Application), this 'Tribunal' is\n\nnot entertaining the Comp. App (AT) (CH) (Ins) No.305/2023 and the same is\n\nhereby 'rejected'. The connected pending IA Nos.935 & 936 / 2023 are closed.[Justice M. Venugopal]\n                                                            Member (Judicial)\n\n\n\n                                                             [Shreesha Merla]\n                                                           Member (Technical)\nVG/TMComp App (AT) (CH) (Ins) No.305/2023                                  Page 3 of 3