TMI Blog2022 (9) TMI 568X X X X Extracts X X X X X X X X Extracts X X X X ..... bitant one, which cannot be condoned by this Tribunal, as the application lacks Bona-fide. Appeal dismissed. - Company Appeal (AT)(CH)(Ins) No.334/2022 - - - Dated:- 12-9-2022 - [ Justice M. Venugopal ] Member ( Judicial ) And [ Naresh Salecha ] Member ( Technical ) For the Appellant : Dr. S. Vidya , Advocate For the Respondent : Mr. Ashok Seshadri , Liquidator ORDER ( Virtual Mode ) Heard Dr. S. Vidya, the Learned Counsel appearing for the Appellant. Mr. Ashok Seshadri, the Liquidator appears in person. According to the Appellant / The Regional provident Fund Commissioner and Recovery Officer, EPFO Regional Office, Chennai, the instant Comp App (AT)(CH)(Ins) No.334/2022 is preferred against the Impugned ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ity (National Company Law Tribunal, Division Bench I, Chennai), and the Application for inclusion in the Finalised List of Stakeholders was filed and because of the insistence made, in this regard, there had occasioned a delay and also that the fact of Covid-19 Pandemic , the Application to Condone the Delay was filed and non-consideration of these aspects had resulted in dismissal of the IA(IBC)/748/CHE/2021 in CP/1210/IB/2018, which has caused prejudice and hardship to the Appellant. The Learned Counsel for the Appellant comes out with a stand that the Delay is neither wilful nor wanton , but, combination of factors contributory not attributable to the Appellant, had not been taken into account by the Adjudicating ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2018 on 09th June 2022. Although, the Learned Counsel for the Appellant seeks umbrage under the Hon ble Supreme Court s Order in Suo Motu Writ Petition (Civil) No.3 of 2020 dated 08.03.2021 and in Miscellaneous Application No.21 of 2022 in Miscellaneous Application No.665 of 2021 in Suo Motu Writ Petition (Civil) No.3 of 2020 dated 10.01.2022 to fortify her contention that there is no delay in the matter in issue , yet, this Tribunal is of the considered view that the Adjudicating Authority (National Company Law Tribunal, Division Bench I, Chennai) had rightly observed that it had calculated the delay from the Liquidation Commencement Date (03.09.2019) and till the Date of Submission of impugned Form before the Liquidator o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y this Tribunal , as the IA(IBC)/748/CHE/2021 in CP/1210/IB/2018 lacks Bona-fide . Be that it as may, in the light of the foregoings and this Tribunal also on going through the impugned order in IA(IBC)/748/CHE/2021 in CP/1210/IB/2018 passed by the Adjudicating Authority (National Company Law Tribunal, Division Bench I, Chennai) on 09.06.2022 is not inclined to take a different view than the view arrived at by the Adjudicating Authority (National Company Law Tribunal, Division Bench I, Chennai) in dismissing the IA(IBC)/748/CHE/2021 in CP/1210/IB/2018 without costs. Consequently, the Comp App (AT)(CH)(Ins) No.334/2022 filed by the Appellant / Applicant sans merits . In fine, the instant Comp App (AT)(CH)(Ins) No.33 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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