Case Law Details
Asset Reconstruction Company (India) Limited Vs Viceroy Hotels Limited (NCLT Hyderabad)
NCLT Hyderabad held that condonation of delay in filing the claim without indicating any sufficient reasons not acceptable as length of the delay is immaterial, but the reasons for condonation of delay matters.
Facts- Corporate Debtor i.e. Viceroy Hotels Limited being the Principal Employer is covered under Employees State Insurance Act, 1948 (herein after referred to as “ACT”) and that it failed to comply with the provisions of the Act by not paying the contributions for several period, failed in paying the interest on the delayed payment of the contributions despite issuance of notices for payment of damages. Upon coming to know that the Asset Reconstruction Company/financial creditor has approached this Tribunal against the corporate debtor this Tribunal was pleased to pass order dated 12/03/2018 initiating liquidation process against the corporate debtor, the Applicant had filed its claim in Form-F dated 24.08.2022 before the Resolution Professional.
It is alleged that the Resolution Professional vide impugned email correspondence dated 13.10.2022 informed the Applicant that their claim is rejected on the ground that the process of submission of the claims stood closed in 2018 itself and that the Resolution Professional has not been empowered by this Tribunal to accept any claims.
Conclusion- The present application being one for the condonation of delay, the settled law being that the length of the delay is immaterial, but the reasons stated for condonation of delay matters.
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