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TMI Blog2024 (8) TMI 1515X X X X Extracts X X X X X X X X Extracts X X X X ..... application for condoning the delay in instituting an appeal against the order dated 09 October 2023 by which the learned Company Judge has allowed the application under Section 466 of the Companies Act, 1956 ("the Act"). The application and the memo of appeal described that the challenge is to the order dated 09 October 2023 read with the order dated 21 December 2022. 3. Learned counsel for the respondents submits that even if it is assumed that the delay of 56 days in instituting the appeal against the order dated 09 October 2023 is explained by showing sufficient cause, there is no sufficient cause shown regarding the order dated 21 December 2022 which is also sought to be questioned in the Company Appeal. 4. Mr Mohit Khanna, learned ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bilities of the Company in liquidation, the Applicant will deposit such further amount as may be necessary to discharge those liabilities; (b) that it will pay to any individual ex-worker who is not willing to accept the amount in accordance with the Agreement for Settlement, higher of the amount that may be adjudicated by the Official Liquidator in accordance with the order of the Division Bench dated 22 December 2015 and the amount which is payable under the Agreement for Settlement; (c) that it will make necessary provision for rehabilitation of the ex-workers and/or their families who are in occupation of the residential quarters/chawls situated on the premises of the company and also those ex-workers and/or their families who wer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... order dated 09 October 2023 would not have been made. Any challenge to the order dated 21 December 2021 could also have been resisted as premature because the said order did not dispose of the interim application. 7. Therefore, in the above circumstance if the present applicants did not immediately challenge the order dated 21 December 2022 or if the present applicants waited for Company Court to make its order dated 09 October 2023 we cannot say that the applicants were any less diligent in pursuing the matter or that there was no sufficient cause shown to condone the delay. 8. The delay is not inordinate and is sufficiently explained. The applicants have pleaded that they were not a party to the Interim Application and on being aware of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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