# In the matter of Employees State Insurance Corporation Vs. Karpagam Spinners Pvt. Ltd. & Anr. CA(AT)(Ins) No. 1492 of 2019

> NCLAT judgment dated 2020-01-13. Citation: TCN-2020-NCLAT-00534. The case pertains to Company Appeal (AT) (Insolvency) No. 1492 of 2019 before the National…

- **Court:** NCLAT
- **Order date:** 13 Jan 2020
- **Citation:** TCN-2020-NCLAT-00534
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/employees-state-insurance-corporation-vs-karpagam-spinners-pvt-ltd-anr-ca-9e612a94

## Summary

### Background

The case pertains to Company Appeal (AT) (Insolvency) No. 1492 of 2019 before the National Company Law Appellate Tribunal (NCLAT), New Delhi. The Appellant's counsel has not filed the additional affidavit providing the recent position of the Corporate Insolvency Resolution Process and any orders passed by the Adjudicating Authority.

## Facts

The Employees State Insurance Corporation is the Appellant in Company Appeal (AT) (Insolvency) No. 1492 of 2019. M/s. Karpagam Spinners Pvt. Ltd. & Anr. are the Respondents. The Appellant's counsel, Mr. Paras Sachdeva, has not filed an additional affidavit providing the recent status of the Corporate Insolvency Resolution Process and any related orders from the Adjudicating Authority. This is significant because the court requires this information to proceed with the case. The court has granted a final opportunity to file the affidavit by January 20, 2020, with the case scheduled for orders on January 23, 2020.

## Issues and analysis

### Issue 1: Whether the Appellant should be granted additional time to file the required affidavit detailing …

**Ratio:** The court has the discretion to grant or deny extensions of time based on the

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**Reasoning:** The court noted that the Appellant's counsel had not filed the additional affidavit. To

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**Interpretation:** The court interprets its procedural rules to allow for extensions of time when

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**Application:** The ratio and reasoning are applied to the specific facts by granting the

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## Parties

- **Judges:** S.J. Mukhop…; Bansi Lal…; +1 more
- **Appellants:** Employees State…
- **Respondents:** M/s. Karpagam…

## Timeline

- **2020-01-13 — Order Da…**: Learned counsel for the Appellant has…
- **2020-01-20 — Deadline for A…**: Appellant is allowed time till 20th…

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