Employees Provident Fund Organisation ... vs Manish Sukhani Liquidator Of Indsur ...

IN THE MATTER OF: Employees Provident Fund Organisation ...Appellants Versus Manish Sukhani, ...Respondents Liquidator of Indsur Global Ltd.

Present: For Appellant : Mr. Gaurav Varma and Ms. Neeraj Ahirway, Advocates. For Respondents : Mr. Darpan Sachdeva, Advocate.

ORDER

(Hybrid Mode)

12.03.2026: I.A. No. 80 of 2026

This is an application praying for condonation of delay of 35 days by

excluding the period from 08.10.2025 to 29.10.2025. Appellant's case is that

appellant was not the party to the proceeding and was informed by the

liquidator itself on 29.10.2025 and thereafter the appeal has been filed within

the condonable period. Counsel for the appellant relied on the judgment of

Hon'ble Supreme Court in Civil Appeal No. 2552/2025 Omkara Assets

Reconstruction Private Limited vs. Yadavalli Sai Karunakar & Anr. decided on

08.09.2025 the above judgment relied by the appellant who supports the

submission of the appellant to condone the delay. Delay condoned. IA No. 80

of 2026 is disposed of.

CA (AT) (Ins) No. 19 of 2026

2. Heard counsel for the appellant.

3. This appeal has been filed against the order dated 08.10.2025 by which

order Adjudicating Authority has allowed the application filed by the

Liquidator for dissolution of the corporate debtor.

4. Counsel for the appellant submitted that the appellant has filed a claim

before the Liquidator and which has not been taken care of.

5. Counsel for the Liquidator submits that claim was rejected by

Liquidator on 04.10.2024 which order was never challenged by the appellant.

The Adjudicating Authority in the impugned order in paragraph- 15 has made

following observations:-

"15. Taking into consideration the current financial position of the Corporate Debtor and considering the fact that there is absolutely no means/sources available with the Corporate Debtor to discharge its liabilities. Hence, the present Interlocutory Application has been filed seeking dissolution of the Corporate Debtor."

6. The present is the order where application for dissolution has been

allowed by the Adjudicating Authority. The appellant who claim to have filed a

claim having not challenged the claim rejection, we are of the view that

appellant cannot be allowed to challenge the order where the dissolution

application has been allowed by the Adjudicating Authority. We thus do not

find any error in the order passed by Adjudicating Authority hence, Appeal

stands dismissed.

[Justice Ashok Bhushan] Chairperson

[Barun Mitra] Member (Technical) harleen/MD 2 of 2 Company Appeal (AT) (Ins) No. 19 of 2026