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Regional P.F. Commissioner Noida vs Mis. Vnm Components Private Limited ...

National Company Law Appellate Tribunal24 May 2023Ashok Bhushan

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

NATIONAL COMPANY LAW APPELLATE TRIBUNALPRINCIPAL BENCH, NEW DELHICompany Appeal (AT)(Insolvency) No. 646 of 2023&I.A. Nos. 2150, 2036 of 2023

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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