# In the matter of The Regional Provident Fund Commissioner Vs.
Mr.Arunava Sikdar Resolution Professional
M/s.The National Sewing Thread Company Ltd Company Appeal (AT)(CH)(Ins) No.179/2022 (IA NO. 405, 406 &
404/2022)

> NCLAT judgment dated 2022-07-01. Citation: TCN-2022-NCLAT-00402. The case involves a Company Appeal (AT)(CH)(Ins) No.179/2022 filed under Section 61 of the…

- **Court:** NCLAT
- **Order date:** 1 Jul 2022
- **Citation:** TCN-2022-NCLAT-00402
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/the-regional-provident-fund-commissioner-vs-mrarunava-sikdar-resolution-professi-ae62acb2

## Summary

### Background

The case involves a Company Appeal (AT)(CH)(Ins) No.179/2022 filed under Section 61 of the Insolvency and Bankruptcy Code, 2016, arising from an order dated 06.12.2021 in IA(IBC)/1032/(CHE)/2021 in IBA/622/2019 passed by the National Company Law Tribunal, Bench -II, Chennai. The appellant sought condonation of a 20-day delay in filing the appeal.

## Facts

The Regional Provident Fund Commissioner filed a Company Appeal (AT)(CH)(Ins) No.179/2022 against Mr.Arunava Sikdar Resolution Professional and M/s. The National Sewing Thread Company Ltd. The appeal arose from an order dated 06.12.2021 passed by the National Company Law Tribunal, Bench -II, Chennai. The appellant sought condonation of a 20-day delay in filing the appeal, arguing that they received communication from the Resolution Professional on 04.01.2022, regarding a communication dated 22.12.2021. The appeal was filed on 10.03.2022, with an initial delay of 65 days, which was reduced to 20 days after deducting the permissible 45-day limit. The Tribunal considered the provisions of Section 61 of the Insolvency & Bankruptcy Code, 2016, which prescribes a 30-day

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## Issues and analysis

### Issue 1: Whether the delay of 20 days in filing the Company Appeal (AT)(CH)(Ins) No.179/2022 should be …

**Ratio:** Condonation of delay is not a matter of right or routine. The discretion to condone delay

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**Reasoning:** The Tribunal reasoned that the appellant failed to subjectively satisfy the conscience of

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**Interpretation:** The interpretation is that the Tribunal has the discretion to condone delay,

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**Application:** In this case, the Tribunal applied the ratio by finding that the appellant's

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## Parties

- **Judges:** M. Venu…; Kanthi Na…; +1 more
- **Appellants:** The Regional…
- **Respondents:** The National…; Mr.Arunava Sikdar…

## Timeline

- **2021-12-06 — Impugned Ord…**: Date of the order passed by the Adjudicating Authority (National Company Law Tribunal,…
- **2021-12-22 — Communicati…**: Date of the communication from…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 61 — Appeals and Appellate Authority](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-61)

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