TaxTMI 
TaxTMI 
2026 (5) TMI 808
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.... within one week thereafter. 3. Ld. Counsel appearing for the Applicant submitted that though the Appeal against the impugned order dated 03.06.2025 passed by the Adjudicating Authority in IA No. 2810 of 2021 in Company (IB) No. 2728/ND/2019 had been filed within the prescribed period of limitation, defects were subsequently notified by this Registry on 01.08.2025 which required substantial rectification and compliance. It was contended that extensive defects were pointed out by the Registry which entailed procurement and filing of legible copies of voluminous annexures, restructuring and recompilation of records, re-pagination, cross-referencing of annexures and curing deficiencies pertaining to documents which were not readily available with the Applicant and therefore considerable time was consumed in collecting, arranging and compiling proper and legible copies of the relevant records. The delay was also occasioned by the fact that the Applicant had been suffering from prolonged health complications including stomach and liver ailments and as he was undergoing treatment at ILBS Hospital, Delhi, his movement remained restricted during the relevant period. Reliance was also pl....
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....y occurred due to circumstances genuinely beyond his control. 5. It was also contended that the Applicant has failed to disclose the precise defects pointed out by the Registry, the dates on which steps were undertaken for curing these defects and the exact period consumed in procuring the alleged legible copies. Reliance was placed on the judgments of the Hon'ble Supreme Court in Ramlal & Ors. Vs. Rewa Coalfields Ltd., AIR 1962 SC 361 and State of West Bengal Vs. Howrah Municipality, AIR 1972 SC 749 to contend that sufficient cause must be explained for the entire period of delay and that the expression "sufficient cause" cannot be construed liberally in absence of due diligence. Reliance was placed upon the judgment of this Tribunal in Adisri Commercial Pvt. Ltd. Vs. Reserve Bank of India in CA (AT) (Ins) Nos. 1293 and 1294 of 2022, wherein this Tribunal declined to condone prolonged refiling delay in absence of satisfactory explanation and held that condonation of delay in refiling is not available merely for the asking and that the Applicant must demonstrate continuous diligence and circumstances beyond its control. Most of the documents annexed with the appeal being either ....
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....mployees Provident Fund Organisation Vs. H.L. Buildwell Pvt. Ltd. in CA (AT) (Ins) No. 1700 of 2024 wherein this Tribunal declined to condone prolonged delay in refiling by observing that permitting unexplained and inordinate delay without convincing reasons would defeat the expeditious and time-bound insolvency resolution framework contemplated under the IBC. Drawing support from the judgment of this Tribunal in Adisri Commercial Pvt. Ltd. Vs. Reserve Bank of India in CA(AT)(Ins) Nos. 1293 and 1294 of 2022, it was contended that delay in refiling cannot be condoned in a mechanical manner and that the Applicant is required to satisfactorily explain the entire period of delay by demonstrating continuous diligence and bonafide efforts in curing the defects pointed out by the Registry. 9. We are aware that this Tribunal has affirmed time and again the principle that refiling delay condonation application deserves to be handled in a liberal and lenient manner so that substantive justice does not get derailed by procedural sleight of hand. Nevertheless, merely because an Appeal was initially filed within limitation, this Tribunal has not to shut its eyes in condoning prolonged delay ....
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....ravelled to the United Kingdom from 02.09.2025 till 08.10.2025 for unavoidable professional and livelihood-related reasons. Quite apart from the fact that it has been pointed out by the Respondent that no documentary material has been placed on record like passport entries, visa documents, air- tickets, boarding passes, immigration records or any contemporaneous material evidencing the alleged foreign travel to the United Kingdom, what we find inherently contradictory is that while the Applicant has taken the plea of having suffered practical immobilisation on account of ailments which led to his inability in the timely rectification of the defects, the Applicant could overcome the health incapacitation to undertake travel to United Kingdom at a proximate time. 13. Even the other explanations relating to obligations arising out of cancer treatment of the Applicant's sister-in-law's mother, besides attending of rituals following demise of the Applicant's mother and personal inconvenience faced by the Counsel of the Applicant are accepted, the Applicant has not indicated the exact period of delay caused by these factors in preventing timely curing of the defects. The Applicant has....