# In the matter of Veesons Energy Systems Pvt. Ltd. MA-342-2019 in CP-510-IB-2017

> NCLT judgment dated 2019-06-26. Citation: TCN-2019-NCLT-02775. The case involves an application (MA/342/2019) in connection with a corporate insolvency…

- **Court:** NCLT
- **Order date:** 26 Jun 2019
- **Citation:** TCN-2019-NCLT-02775
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/veesons-energy-systems-pvt-ltd-ma-342-2019-in-cp-510-ib-2017-e95be57e

## Summary

### Background

The case involves an application (MA/342/2019) in connection with a corporate insolvency resolution process (CP/510/IB/2017). The Applicant Company/Liquidator was required to file e-form INC-28 pertaining to a liquidation order passed on 2018-03-19. However, due to system unavailability, a delay of 330 days occurred in filing the form.

## Facts

The Applicant Company/Liquidator was supposed to file e-form INC-28 related to a liquidation order passed on 2018-03-19. Due to the system being unavailable, there was a delay of 330 days in filing the form. The applicant requested that the court allow the physical filing of the liquidation order and condone the delay. The court found the reason for the delay sufficient and condoned it. The court directed the liquidator to file the liquidation order with the RoC in physical form and directed the RoC to take the same on record. The court noted that the delay was not attributable to the Liquidator. The Liquidator was directed to obtain a certified copy of the order and file the e-form INC-28 as directed. The application was then disposed of.

## Issues and analysis

### Issue 1: Whether the delay of 330 days in filing e-form INC-28 should be condoned due to the …

**Ratio:** A delay can be condoned if

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**Reasoning:** The court found the reason for the delay, which was the non-availability of the system

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**Interpretation:** The court interpreted the provision for condonation of delay liberally,

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**Application:** The court applied the ratio to the facts of the case, where the delay was

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## Parties

- **Judges:** Ch. MOHD SHARIEF…
- **Appellants:** R.RAGHAVENDRA…
- **Respondents:** VEESONS ENERGY…; REGIONAL DIRECTOR-…

## Timeline

- **2017-01-01 — CP/510/IB/201…**: Corporate Insolvency…
- **2018-03-19 — Liquidation Ord…**: Liquidation order was passed,…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 60(5) — Adjudicating Authority for corporate persons](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-60)

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