Employees Provident Fund Organisation vs Vijaykumar V Iyer Liquidator For M/S. ...

IN THE MATTER OF: Employees Provident Fund Organization ...Appellant

Versus

Vijaykumar V. Iyer, Liquidator of Bharti Defence and Infrastructure Ltd. ...Respondent

Present: For Appellant : Mr. Kaushik Kumar Dey, Advocate. For Respondent : Ms. Smiti Verma, Mr. Pranay Chitale, Mr. Samyak Jain, Advocates for Applicant in 7431 of 2025.

ORDER

(Hybrid Mode)

03.12.2025: I.A. No.5953 of 2025: This is an application praying for

condonation of 511 days' delay in refiling the appeal. Learned counsel for the

Appellant submits that there is explanation of delay and reason given is that

learned counsel for the Appellant was suffering from health ailments.

Reasons given are in Para 6 and 7 of the application, which are as follows:

"5. That upon receiving the information regarding the defects further time was consumed in the process of informing the same to the office of the appellant and thereafter in communicating the same to the counsel for rectifying the defects in the appeal, approving, and signing of the by the appellant.

6. The learned counsel for the Applicant has been suffering from serious health ailments, including a heart condition requiring medical supervision, sternal

Cont'd.../ complications, and pancreatic issues, which rendered him bedridden for a considerable period of time. Owing to such prolonged illness and physical incapacity, the counsel was unable to attend to his professional duties, resulting in the delay in refiling. Hence, refiling could not be completed within the limitation period of 7 days"

2. Learned counsel for the Appellant submits that if delay is not condoned,

it will adversely affect the workmen.

3. Be that as it may. The explanation which has been given in Paras 6

and 7 above, are not any satisfactory explanation for condoning refiling delay

of 511 days. Appeal arising of the insolvency proceeding, there are timelines

for completion of all processes. We, thus, are of the view that refiling delay of

511 days cannot be condoned. Refiling Delay Application is dismissed.

Appeal is also rejected.

[Justice Ashok Bhushan] Chairperson

[Barun Mitra] Member (Technical) Archana/md

Company Appeal (AT) (Ins.) No.1519 of 2025 2 of 2