# In the matter of Khaitan Electricals Limited

> NCLT judgment dated 2025-04-04. Citation: TCN-2025-NCLT-00249. The Central Board of Trustees, Employee Provident Fund Organization (EPFO), filed an…

- **Court:** NCLT
- **Order date:** 4 Apr 2025
- **Citation:** TCN-2025-NCLT-00249
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/khaitan-electricals-limited-95aa3622

## Summary

### Background

The Central Board of Trustees, Employee Provident Fund Organization (EPFO), filed an application against the Liquidator of Khaitan Electricals Limited (Corporate Debtor) seeking condonation of delay of 1652 days in submitting the claim form and directing the Liquidator to consider and admit the claim of Rs.5,18,621/- after determining the veracity of the claim. The EPFO's claim pertains to pending dues, contributions, interest, and penal damages for the period from August 2017 to April 2019. The Liquidator rejected the claim, stating that the claim was filed after the expiry of 30 days from the date of the liquidation order. The CD was admitted into CIRP on 28.11.2018 and later admitted into liquidation on 23.08.2019.

## Facts

The Central Board of Trustees, Employee Provident Fund Organization (EPFO), filed an application against the Liquidator of Khaitan Electricals Limited (Corporate Debtor) seeking condonation of delay of 1652 days in submitting the claim form. The EPFO's claim pertains to pending dues, contributions, interest, and penal damages for the period from August 2017 to April 2019, amounting to Rs.5,18,621/-. The Liquidator rejected the claim, stating that the claim was filed after the expiry of 30 days from the date of the liquidation order, which was pronounced on 23.08.2019, with the last date for submitting claims being 22.09.2019. The CD was admitted into CIRP on 28.11.2018 and later admitted into liquidation on 23.08.2019. The EPFO had previously submitted a claim of

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## Issues and analysis

### Issue 1: Whether the delay of 1652 days in …

**Ratio:** The court has the power to condone the delay

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**Reasoning:** The court considered the circumstances and found that there were valid and compelling

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**Interpretation:** The court interpreted the relevant provisions of the IBC and the EPF Act to

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**Application:** The court applied the ratio to the facts

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## Parties

- **Judges:** Rajeev Bh…; Sanjay…
- **Appellants:** The Central Board…
- **Respondents:** Khaitan Electrical…; Kamlesh Kumar…

## Timeline

- **2018-11-28 — Admission in…**: The Corporate Debtor was admitted into Corporate Insolvency Resolution Process (CIRP) by…
- **2019-08-23 — Admission into…**: The Corporate Debtor was later admitted into…

## 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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