# 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-00487. 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-00487
- **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-a566422f

## 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) for Easun Reyrolle Ltd. was initiated on 2020-05-05, and the company 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 filed an appeal against this rejection with a delay of 358 days.

## 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 went into liquidation on 2022-02-17. The CIRP had commenced on 2020-05-05. The liquidator partially rejected the claim on 2022-05-06. The applicant's salary was Rs. 1,75,000 per month, later revised to Rs. 2,50,000. The liquidator admitted a portion of the claim under Section 53(1)(f) and Section 53(1)(a) of the IBC, 2016, but rejected the gratuity claim because the applicant had not completed 5 years of continuous service as required by the Payment of Gratuity Act, 1972. The applicant filed an appeal against the partial rejection with a delay of 358 days, failing to provide sufficient reasons for the delay.

## Issues and analysis

### Issue 1: Whether the delay of 358 days in filing the appeal under Section 42 of the IBC, 2016, can be …

**Ratio:** The delay in filing an appeal can only be condoned if there is a reasonable and

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**Reasoning:** The court relied on the Supreme Court's judgments in Majji Sannemma @ Sanyasirao -Vs-

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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:** In this case, the applicant filed the appeal with a delay of 358 days and

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## Parties

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

## Timeline

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