# In the matter of Prakash Ambure & Ors. vs. Invent Bio-Med Pvt. Ltd.

> NCLAT judgment dated 2025-04-07. Citation: TCN-2025-NCLAT-00118. The case involves an application for condonation of a 164-day delay in refiling a Company…

- **Court:** NCLAT
- **Order date:** 7 Apr 2025
- **Citation:** TCN-2025-NCLAT-00118
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/prakash-ambure-ors-vs-invent-bio-med-pvt-ltd-9dd78bbb

## Summary

### Background

The case involves an application for condonation of a 164-day delay in refiling a Company Appeal (AT) (Insolvency) No. 582 of 2024. The appeal challenges an order passed by the adjudicating authority on 2023-08-04. The initial filing was on 2023-09-14, with a delay of 11 days, which was previously condoned. Defects were marked by the Registry on 2023-09-22, leading to the refiling delay. The appellant cited difficulties in obtaining documents from eight appellants across the country and the death of an authorized translator as reasons for the delay.

## Facts

The appellant, Prakash Ambure & Ors., filed a Company Appeal (AT) (Insolvency) No. 582 of 2024 challenging an order dated 2023-08-04 passed by the adjudicating authority. The initial filing of the appeal was on 2023-09-14, with an 11-day delay that was previously condoned. The registry marked defects on 2023-09-22, leading to a 164-day delay in refiling. The appellant attributed the delay to difficulties in obtaining documents from eight appellants located across the country and the death of an authorized translator in October 2023, which hindered the typing of necessary documents. The respondent, Invent Bio-Med Pvt. Ltd., opposed the condonation of the refiling delay, arguing that the reasons provided were insufficient. The appellant submitted that the registry

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## Issues and analysis

### Issue 1: Whether sufficient cause has been shown to …

**Ratio:** The principle applied is that while a liberal approach is generally taken in condoning

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**Reasoning:** The court considered the reasons provided by the appellant, including the logistical

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**Interpretation:** The court interpreted the requirement of 'sufficient cause' in the context of

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**Application:** The court applied the principle of 'sufficient cause' to the specific facts of

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## Parties

- **Judges:** Ashok Bh…; Barun M…; +1 more
- **Appellants:** Prakash Ambure &…
- **Respondents:** Invent Bio-Med…

## Timeline

- **2023-08-04 — Order by Adjudicating…**: Order passed by the adjudicating authority which is being challenged in the Company…
- **2023-09-14 — Initial Filing…**: Company Appeal was filed…

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