# In the matter of Safire Technologies Pvt. Ltd. Vs. Regional Provident Fund Commissioner & Anr. Civil Appeal No.2212 of 2021

> SC judgment dated 2022-04-29. Citation: TCN-2022-SC-00050. The Corporate Insolvency Resolution Process ('CIRP') of Maruti Koatsu Cylinders Limited was…

- **Court:** SC
- **Order date:** 29 Apr 2022
- **Citation:** TCN-2022-SC-00050
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/safire-technologies-pvt-ltd-vs-regional-provident-fund-commissioner-anr-civil-ap-62c4afee

## Summary

### Background

The Corporate Insolvency Resolution Process ('CIRP') of Maruti Koatsu Cylinders Limited was initiated before the National Company Law Tribunal (‘NCLT') Ahmedabad on 26.04.2018. The resolution plan was approved by the Committee of Creditors (‘CoC′) on 04.04.2019 and was also approved by the NCLT on 22.10.2019. The Regional Provident Fund Commissioner filed a claim before the Resolution Professional on 09.10.2019 regarding the provident fund dues which was not considered. An appeal before the National Company Law Appellate Tribunal (‘NCLAT′) was filed on 14.12.2020 by the Regional Provident Fund Commissioner against the order dated 22.10.2019 approving the resolution plan. The NCLAT issued a notice in this appeal on 19.01.2021.

## Facts

The Corporate Insolvency Resolution Process (CIRP) of Maruti Koatsu Cylinders Limited was initiated on 26.04.2018. The resolution plan was approved by the Committee of Creditors on 04.04.2019 and by the NCLT on 22.10.2019. The Regional Provident Fund Commissioner filed a claim on 09.10.2019, which was not considered. The Regional Provident Fund Commissioner filed an appeal before the NCLAT on 14.12.2020 against the NCLT's order approving the resolution plan. The NCLAT issued a notice in the appeal on 19.01.2021. Safire Technologies Pvt. Ltd., the appellant, challenged the issuance of this notice, arguing that the appeal was filed with a delay of 388 days. The respondent argued that the limitation period should start from the date of knowledge, as they were not a party

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## Issues and analysis

### Issue 1: Whether the Appellate Tribunal committed an error in issuing notice in an appeal filed with a delay …

**Ratio:** The ratio is that appeals against NCLT orders must be filed within the period prescribed

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**Reasoning:** The Court reasoned that the Appellate Tribunal erred because the appeal was filed with a

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**Interpretation:** Section 61 of the IBC prescribes a strict timeline for filing appeals against

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**Application:** The ratio and reasoning were applied to the specific facts of the case, where

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## Parties

- **Judges:** L. Nageswa…; Pamidighantam Sri…
- **Appellants:** SAFIRE TECHNOLOGIE…
- **Respondents:** Maruti Koatsu…; Regional Provident…

## Timeline

- **2018-04-26 — CIRP Init…**: Corporate Insolvency Resolution Process ('CIRP') of Maruti Koatsu Cylinders Limited was…
- **2019-04-04 — Resolution Plan…**: The resolution plan was approved by…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 61(2) — Appeals and Appellate Authority](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-61)

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