# In the matter of Easun Reyrolle Ltd. {IA-(IBC)-1012-CHE-2023 in IBA-1045 & 1169-2019]

> NCLT judgment dated 2023-11-30. Citation: TCN-2023-NCLT-00499. The case involves an application (IA(IBC)/1012(CHE)/2023) filed by an applicant, M.N.…

- **Court:** NCLT
- **Order date:** 30 Nov 2023
- **Citation:** TCN-2023-NCLT-00499
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/easun-reyrolle-ltd-ia-ibc-1012-che-2023-in-iba-1045-1169-2019-6060b93e

## Summary

### Background

The case involves an application (IA(IBC)/1012(CHE)/2023) filed by an applicant, M.N. Kalyanasundaram, under Section 42 of the Insolvency and Bankruptcy Code, 2016, seeking reliefs related to the rejection of their claim by the liquidator of Easun Reyrolle Ltd. The Corporate Insolvency Resolution Process (CIRP) for Easun Reyrolle Ltd. was initiated on 05.05.2020, and the company was ordered for liquidation on 17.02.2022. The applicant, who was Head-Finance & Accounts in the Corporate Debtor, filed a claim for Rs.36,67,754/- which was partially rejected by the liquidator on 06.05.2022.

## Facts

M.N. Kalyanasundaram, the applicant, was Head-Finance & Accounts at Easun Reyrolle Ltd. The CIRP of Easun Reyrolle Ltd. commenced on 05.05.2020, and the company was ordered for liquidation on 17.02.2022. The applicant filed a claim for Rs.36,67,754/- with the liquidator, which was partially rejected on 06.05.2022. The liquidator admitted a portion of the claim under Section 53(1)(f) and Section 53(1)(a) of the IBC, 2016, and also admitted gratuity under section 36(4)(a)(iii). The applicant filed an appeal against the partial rejection with a delay of 357 days, filing the application on 12.05.2023, whereas the appeal should have been filed by 20.05.2022 as per Section 42 of the IBC, 2016. The applicant did not provide a sufficient explanation for the delay. The

…

## Issues and analysis

### Issue 1: Whether the delay of 357 days in filing the appeal against the liquidator's rejection order can be …

**Ratio:** The delay cannot be condoned without assigning any reasonable, satisfactory, and proper

…

**Reasoning:** The applicant failed to provide a reasonable and satisfactory explanation for the delay.

…

**Interpretation:** Section 42 of the IBC, 2016 requires an appeal to be filed within 14 days. The

…

**Application:** The applicant's delay of 357 days was not condoned because they failed to

…

## Parties

- **Judges:** SANJIV…; Venkataraman…
- **Appellants:** M.N. Kalyanasundar…
- **Respondents:** Easun Reyrolle…; M/s. Easun…
- **Advocates:** A. Raj…; P. Tha…; +1 more

## Timeline

- **2020-05-05 — CIRP Init…**: Corporate Insolvency Resolution Process…
- **2022-02-17 — Liquidation…**: Easun Reyrolle Ltd. ordered for…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 60(5) — Adjudicating Authority for corporate persons](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-60)

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/easun-reyrolle-ltd-ia-ibc-1012-che-2023-in-iba-1045-1169-2019-6060b93e