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Regional Provident Fund ... vs Sumit Binani & Ors

National Company Law Appellate Tribunal27 January 2021

Ratio decidendi

The rule this decision rests on

The period for filing an appeal under Section 61(2) of the Insolvency and Bankruptcy Code, 2016 is thirty days, and the Appellate Tribunal's power to condone delay in filing such an appeal extends only to a further fifteen days. An appeal filed beyond that outer limit is time-barred and must be dismissed. Where an appellant has not filed an appeal against an approved resolution plan within the prescribed period, subsequent intervening events, such as the setting aside of the approval and later restoration of the plan, do not extend or revive the limitation period and are not relevant to whether the appeal is within time.

Written by Miss Lucy from the judgment below, not taken from a headnote.

Judgment

As delivered

NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHICompany Appeal (AT) (Ins.) No. 51 of 2021

IN THE MATTER OF: Regional Provident Fund Commissioner - II, Rourkela Employees' Provident Fund Organization, Regional Office: Bhavishya Nidhi Bhawan, Pamposh Road, Rourkela, Orissa 769004 ...Appellant.

Versus 1. Shri Sumit Binani (Resolution Professional/Liquidator of M/s. Adhunik Metaliks Limited) Lansdowne Towers, 2/1A, Sara Bose Road, Kolkata 700020, West Bengal.

Also at Room No. 6, 4th Floor, 2A, Ganesh Chandra Avenue, Commerce House, Kolkata 700013 ...Respondent No. 1.

2. Liberty House Group Metal Two Pvt. Ltd. Regd Office: AT-Chadrihariharpur, PO- Kuarmunda, DIST- Sundargarh - 770039 Email Id: adhunik@libertysteelgroup.in, Anil.gole@gfgalliance.com, Nirmal.sinha@Libertysteelgroup.in, Uday.Gupta@GFGalliance.com Phone: 9769992470

Also at Corporate Office: Maker Chamber No. 6 Office No. 86 8TH Floor, 220 Jamnalal Bajaj Marg, Nariman Point, Mumbar-400021 Phone: 022-49785714 ...Respondent No. 2.

Present: For Appellant: Mr. Manish Dhir, Advocate.

For Respondent: Mr. Sumit Binani, Party in Person-R-1. Mr. Arvind Kumar Gupta and Ms. Shivani Gupta, 2

Advocates for R-2. Ms. Henna George, Caveator, R-2.

ORDER

(Virtual Mode)

27.01.2021 Heard Learned Counsel for the Appellant.

2. This Appeal has been filed against Impugned Order dated 17th July, 2018

(Annexure-A Page 45) vide which the Adjudicating Authority (National Company

Law Tribunal, Cuttack Bench) had approved the Resolution Plan in the matter

of M/s. Adhunik Metaliks Ltd.-Corporate Debtor.

3. It is stated that after this Order dated 17th July, 2018 was passed the

Adjudicating Authority had passed orders dated 09th July, 2019 (Annexure-C

Page 84) and by that order the Adjudicating Authority held that Resolution Plan

has failed and Liquidation Order was passed. It is stated that thereafter there

was Company Appeal (AT) (Ins.) No. 724 of 2019 filed (Annexure-B Page 67) and

by Order dated 3rd March, 2020 passed by this Tribunal, the Resolution Plan

dated 17.07.2018 was restored. Learned Counsel for Appellant states that there

is correspondence available to show that the Appellant had moved the Liquidator

with claims of the provident fund but the Liquidator said that the Resolution

Plan has been restored and so he is no more the Liquidator. The Successful

Resolution Applicant is the Respondent No. 2. Learned Counsel for the Appellant

states that because of this reason, the Appellant could not challenge the earlier

Resolution Plan when it was passed due to intervening developments.

Company Appeal (AT) (Ins.) No. 51 of 2021 3

4. Having gone through the material on record, it is apparent that the

Impugned Order dated 17.07.2018 was passed and thereafter it came to set aside

after almost one year on 09th July, 2019. If the Appellant had grievances with

regard to Resolution Plan approved, the Appellant never filed Appeal during that

time. As such, for such reasons, the intervening incidents would not be relevant

for consideration. As per Section 61 (2), the Period of Appeal is 30 days and this

Appellate Tribunal has jurisdiction to condone only 15 days. Considering this,

the Appeal is time-barred.

The Appeal is dismissed as time-barred.

[Justice A.I.S. Cheema] Member (Judicial)

[Dr. Ashok Kumar Mishra] Member (Technical)

Basant B./md.

Company Appeal (AT) (Ins.) No. 51 of 2021

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