# In the matter of Regional P.F. Commissioner (Noida) vs. VNM Components Pvt. Ltd. Through its Official Liquidator I.A. Nos. 2150, 2036 of 2023 in Company Appeal (AT)(Insolvency) No. 646 of 2023

> NCLAT judgment dated 2023-05-24. Citation: TCN-2023-NCLAT-00502. The case involves an application for condonation of a 410-day delay in refiling an appeal.…

- **Court:** NCLAT
- **Order date:** 24 May 2023
- **Citation:** TCN-2023-NCLAT-00502
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/regional-pf-commissioner-noida-vs-vnm-components-pvt-ltd-through-its-official-li-6fa8bf24

## Summary

### Background

The case involves an application for condonation of a 410-day delay in refiling an appeal. The original appeal challenged an order dated 2021-11-12. The appeal was e-filed on 2022-02-24, with refiling occurring on 2023-05-02. The delay was attributed to the shifting of the Delhi office from March 2020 to December 2021 and the onboarding of new associates in March 2022. The applicant argued that IBC procedures should be completed in a timely manner.

## Facts

The Regional P.F. Commissioner (Noida) filed an appeal against VNM Components Pvt. Ltd., challenging an order dated 2021-11-12. There was a delay of 410 days in refiling the appeal. The appeal was initially e-filed on 2022-02-24, but the refiling only took place on 2023-05-02. The reasons provided for the delay included the shifting of the Delhi office from March 2020 to December 2021 and the joining of new associates in March 2022. The appellant argued that IBC procedures should be completed in a timely manner. The court considered an application (I.A. No. 2036 of 2023) for condonation of the delay.

## Issues and analysis

### Issue 1: Whether the delay of 410 days in refiling the appeal can be condoned based on the reasons provided …

**Ratio:** A delay in refiling an appeal can be condoned if sufficient cause is shown, demonstrating

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**Reasoning:** The court reasoned that the reasons provided for the 410-day delay, including the

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**Interpretation:** The legal issue revolves around the interpretation of 'sufficient cause' for

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**Application:** The court applied the principle that a substantial delay requires a compelling

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## Parties

- **Judges:** Ashok Bh…; Barun M…
- **Appellants:** Regional P.F.…
- **Respondents:** VNM Components…

## Timeline

- **2021-11-12 — Order Da…**: Date of the order being…
- **2022-02-24 — Appeal E-…**: The appeal was initially…

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