Authority: National Company Law Appellate Tribunal Principal Bench, New Delhi
Order Date: 17th August, 2026
Case Overview
This interlocutory application (IA No.5793/2026) was filed by the Employees Provident Fund Organisation (Appellant) against Satyendra Prasad Khorania, the Resolution Professional of Swastik Copper Pvt. Ltd. (Respondent). The application seeks extension of time granted for curing defects in the memorandum of appeal.
The Appellant had initially e-filed the Memo of Appeal on 22nd April 2026. The NCLAT office scrutinized the appeal on 27th April 2026 and intimated the defects to the Appellant on the same day. The Appellant subsequently re-filed the appeal on 5th August 2026, well beyond the stipulated seven-day period for curing defects.
The Appellant cited multiple reasons for the 94-day delay: time taken in obtaining internal approvals from competent authority; administrative processing within the department; collating records; obtaining signatures and stamps of the Authorized Representative on annexures; and typing/translating documents. Additionally, the Appellant was simultaneously preparing nine other defects-free appeals, and their Panel Counsel was engaged in appearances and proceedings before various District Courts, High Courts, and the Supreme Court of India.
Final Outcome
The Registrar noted that no one appeared on behalf of the Appellant during the proceedings. After perusing the averments in the IA and office report, the Registrar observed that the Appellant re-filed the Memo of Appeal with a delay of 93 days instead of the required seven days from intimation of defects. 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.
Topics: NCLAT Procedure, Filing Delay, EPFO Appeal