Authority: National Company Law Appellate Tribunal Principal Bench, New Delhi
Order Date: 14th August, 2026
Case Overview
This interlocutory application (IA No.5779/2026) arises from an un-numbered company appeal filed by the Employees' Provident Fund Organisation (Appellant) against Tushar Realhome LLP (Respondent). The Appellant initially e-filed the Memorandum of Appeal on 14th May 2026. The NCLAT office scrutinized the appeal and intimated defects to the Appellant on 18th May 2026. The Appellant was required to re-file the corrected appeal within seven days from this intimation. However, the Appellant only re-filed the appeal on 12th August 2026, resulting in a delay of 79 days beyond the stipulated deadline.
The Appellant cited several reasons for this delay in their application: time taken to obtain internal approvals from competent authority; administrative processing within the department; collating records and obtaining signatures and stamps of the Authorized Representative on annexures; typing or translating documents; simultaneous preparation of nine other defect-free appeals; and the Panel Counsel's engagements in appearances and proceedings before various District Courts, High Courts, and the Supreme Court of India.
Final Outcome
The Registrar of NCLAT noted that despite the reasons provided, the appeal was refiled with a substantial delay of 79 days. The case has been directed to be listed before the Hon'ble Bench under the heading 'for admission with defect (fresh case)' for appropriate orders regarding the condonation of delay application. No substantive hearing on the merits of the appeal between EPFO and Tushar Realhome LLP has occurred at this stage.
Topics: NCLAT Procedure, Filing Delay, EPFO Litigation