# In the matter of Kathiresan Nachimuthu Vs The Central Board Of Trustees, Epf Organization

> HC judgment dated 2024-06-04. Citation: TCN-2024-HC-00078. The writ petition was filed seeking a direction to consider the petitioner's representation dated…

- **Court:** HC
- **Order date:** 4 Jun 2024
- **Citation:** TCN-2024-HC-00078
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/high-courts-new-delhi/kathiresan-nachimuthu-vs-the-central-board-of-trustees-epf-organization-007a0bc0

## Summary

### Background

The writ petition was filed seeking a direction to consider the petitioner's representation dated 27.11.2003. The learned counsel for the petitioner, who is the liquidator appointed by NCLT for the liquidation of UNISCO, submitted that during the CIRP proceedings, the resolution professional had issued a letter to the first respondent for waiver of penal damages amounting to Rs.1,27,41,157/-. However, there was no response from the first respondent. The principal amount was already paid between 2020 and 2023, and UNISCO went into liquidation. The petitioner/liquidator sought a waiver of interest and penal charges, which were also requested in 2019 by the then resolution professional. The liquidator submitted a representation dated 25.04.2023 and sent emails and made

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## Facts

Kathiresan Nachimuthu, the petitioner, filed a writ petition seeking a direction to The Central Board of Trustees, EPF, the first respondent, to consider the petitioner's representation dated 27.11.2003. The petitioner is the liquidator appointed by NCLT for the liquidation of UNISCO. During the CIRP proceedings, the resolution professional issued a letter to the first respondent for waiver of penal damages to the tune of Rs.1,27,41,157/-. The principal amount was paid between 2020-2023, and UNISCO went into liquidation. The petitioner/liquidator sought a waiver of interest and penal charges, which were also requested in 2019 by the then resolution professional. The liquidator submitted a representation dated 25.04.2023 and contacted the first respondent requesting the

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## Issues and analysis

### Issue 1: Whether the first respondent is obligated to consider the petitioner's representation for waiver of …

**Ratio:** The principle is that administrative bodies must consider representations made to them,

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**Reasoning:** The court reasoned that the respondents should have replied to the representation

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**Interpretation:** This issue involves the interpretation of the duty of administrative bodies to

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**Application:** The court applied this principle to the specific facts by directing the first

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## Parties

- **Judges:** D.Naga…
- **Appellants:** Kathiresan…
- **Respondents:** UNIS…; The Central Board…
- **Advocates:** Mr.Vijay R…; Mr.P.K.Paneer…

## Timeline

- **2003-11-27 — Petitioner's Representat…**: The petitioner submitted a…
- **2019-01-01 — Request for…**: The then resolution professional requested a…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 33 — Initiation of liquidation](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-33)

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