# In the matter of Easun Reyrolle Ltd. {IA-(IBC)-922-CHE-2023 in IBA-1045 & 1169-2019]

> NCLT judgment dated 2023-11-30. Citation: TCN-2023-NCLT-00509. The case involves an application filed by A. Kamatchinathan, the former Chief Financial Officer…

- **Court:** NCLT
- **Order date:** 30 Nov 2023
- **Citation:** TCN-2023-NCLT-00509
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/easun-reyrolle-ltd-ia-ibc-922-che-2023-in-iba-1045-1169-2019-8c7dd095

## Summary

### Background

The case involves an application filed by A. Kamatchinathan, the former Chief Financial Officer of Easun Reyrolle Ltd., against the rejection of his claim by the liquidator. The Corporate Insolvency Resolution Process (CIRP) was initiated on 2020-05-05, and the corporate debtor was ordered for liquidation on 2022-02-17. The applicant filed a claim for Rs. 85,89,783, which was partially rejected by the liquidator on 2022-05-06. The applicant then filed an appeal before the NCLT, Chennai, seeking condonation of delay and acceptance of his claim.

## Facts

A. Kamatchinathan, the former Chief Financial Officer of Easun Reyrolle Ltd., filed a claim for Rs. 85,89,783 with the liquidator after the company was ordered into liquidation on 2022-02-17. The claim included salary and gratuity. The liquidator partially rejected the claim on 2022-05-06, admitting Rs. 12,69,148 under Section 53(1)(f) and Rs. 4,71,417 under Section 53(1)(a) of the IBC, 2016, but rejecting the gratuity claim. The applicant filed an appeal against the rejection with a delay of 358 days. The liquidator argued that the appeal was time-barred under Section 42 of the IBC, 2016, which requires filing within 14 days. The applicant's salary was Rs. 1,75,000 per month, later revised to Rs. 2,50,000. The CIRP commenced on 2020-05-05.

## Issues and analysis

### Issue 1: Whether the delay of 358 days in …

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

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**Reasoning:** The applicant failed to provide a sufficient explanation for the delay in filing the

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

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**Application:** The applicant's failure to provide a sufficient explanation for the delay led

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## Parties

- **Judges:** SANJIV…; Venkataraman…
- **Appellants:** A. Kamatchi…
- **Respondents:** Easun Reyrolle…; M/s. Easun…

## Timeline

- **2020-05-05 — CIRP Init…**: Corporate Insolvency Resolution Process…
- **2016-10-03 — Appointment…**: A. Kamatchinathan was appointed as Chief…

## 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)

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