Regional P.F. Commissioner Noida vs Mis. Vnm Components Private Limited ...
- CitationCompany Appeal (AT)(Insolvency) No. 646 of 2023
Ratio decidendi
The rule this decision rests on
The delay of 410 days in refiling an appeal, where the grounds offered were the closure of the Delhi office during the pandemic period and the late joining of new staff, is not a sufficient cause for condonation of delay, and the application for condonation is therefore rejected.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
IN THE MATTER OF: Regional P.F. Commissioner (Noida) ...Appellant
Versus
VNM Components Pvt. Ltd. ...Respondent Through its Official Liquidator Present:
For Appellant : Appearance not marked.
For Respondent : Mr. Abhijeet Sinha, Ishaan Duggal, Mr. Saikat Sarkar, Mr. Abhijeet Nandi, Advocates for R-2 along with R-2 in person
ORDER
24.05.2023: I.A. No. 2036 of 2023
This is an Application praying for condonation of 410 days' delay in
refiling the Appeal. The Appeal has been filed challenging the order dated
12.11.2021. Although the Appeal was e-filed on 24.02.2022, the refiling took
place on 02.05.2023.
Grounds taken are that the Office was shifted due to closure of Delhi
Office from March, 2020 to December, 2021 and new Associates joined only in
March, 2022. IBC procedure are to be completed in time line. Inordinate delay
of 410 days in refiling the Appeal cannot be condoned for the reasons given in
the Application.
Company Appeal(AT)(Insolvency) No. 646 of 2023 Page 1 of 2
We are thus of the view that the delay of 410 days in refiling the appeal
cannot be condoned.
I.A. No. 2036 of 2023 is rejected. Consequently, the Memo of Appeal is
also rejected.
[Justice Ashok Bhushan] Chairperson
[Mr. Barun Mitra] Member (Technical) akc/nn
Company Appeal(AT)(Insolvency) No. 646 of 2023 Page 2 of 2
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