Authority: Supreme Court of India
Order Date: 07-09-2026
Case Overview
- Parties: Employee Provident Fund Organization (appellant) vs COC of Vas Data Services Pvt. Ltd (respondent).
- Appeal arises from impugned final judgment and order dated 10-03-2026 in CAAT(I) No. 793/2025 passed by the National Company Law Appellate Tribunal.
- Multiple interim applications were listed: IA No. 229125/2026 (condonation of delay), IA No. 229128/2026 (condonation of delay in refiling/curing defects), IA No. 229126/2026 (exemption from filing O.T.), IA No. 229123/2026 (stay application).
- Counsel for the appellant filed an affidavit stating that a certified copy of the impugned judgment was received on 25.03.2026 and that the appeal was preferred within 60 days, thus within the condonable period.
- The Court noted the affidavit did not disclose when the certified copy was applied for and examined the distinction between Section 62 and Section 61 of the Insolvency and Bankruptcy Code, 2016.
- The Court referred to Rule 95(3) of the NCLAT Rules, 2016, which obliges the Deputy Registrar to transmit the case file and order to the Registry for preparation of copies and communication to parties, and held that the limitation period should run from the date of such transmission, not from the receipt of a certified copy.
Final Outcome
- The Court held that the appeal under Section 62 of the IBC is beyond the condonable period by 28 days.
- The Court directed the appellant to file a better affidavit disclosing whether any copy of the order was transmitted to the parties or their counsel, and to explain the aspects mentioned in paragraphs 6‑7 of the order.
- The matter was listed for further hearing after two weeks.
Topics: Insolvency Procedure, Court Order