Authority: National Company Law Appellate Tribunal, Principal Bench, New Delhi
Order Date: 27th October, 2026
Case Overview
This is an Interlocutory Application (IA No.7612/2026) filed by the Employees Provident Fund Organisation (EPFO), Jaipur, against Amit Gupta. The application seeks an extension of time for curing defects in the filing of an appeal. The appellant, EPFO, had initially e-filed the Memorandum of Appeal on 10th June 2026. The NCLAT office scrutinized the appeal and intimated the defects to the appellant on 6th July 2026. The appellant was required to re-file the corrected appeal within seven days of this intimation. However, the EPFO re-filed the appeal only on 1st October 2026, resulting in a delay of 80 days. In its application, the EPFO stated that the delay was caused because the relevant records and documents were not readily available and time was required to arrange them. Further delay was attributed to the internal processes of the EPFO, as the pleadings needed verification and inputs from concerned officials, necessitating time to obtain necessary instructions, documents, and clarifications. The appellant asserted that the delay was neither intentional nor deliberate. No representative appeared on behalf of the appellant during the proceedings.
Final Outcome
The Registrar of the NCLAT, after perusing the application and the office report, noted the 80-day delay in re-filing the appeal against the mandated 7-day period. The case was directed to be placed before the Hon'ble Bench for appropriate orders under the heading 'for admission with defect (fresh case)'.
Topics: NCLAT Procedure, Filing Delay, EPFO