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TMI Blog2020 (1) TMI 1424X X X X Extracts X X X X X X X X Extracts X X X X ..... tation Act, this Appellate Tribunal has the power to admit an Appeal after the prescribed period, if the Appellant satisfies this Appellate Tribunal that he had sufficient cause for not preferring the Appeal within such period - Section 238 of the Code makes it clear that the provision of the Code will override other laws. Therefore, Section 61(2) will override Section 5 of the Limitation Act. As the Appeal is filed after 30 days and beyond 15 days thereafter, i.e., after 45 days of the date of the receipt/ knowledge of the order, there are no jurisdiction to entertain the Appeal. Appeal disposed off. - Company Appeal (AT) (Insolvency) No. 121 of 2020 - - - Dated:- 30-1-2020 - Shreesha Merla And S. J. Mukhopadhaya, JJ. For Ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rties. 2. In view of such liberty given by the Hon'ble High Court of Bombay, the present Appeal has been preferred with the Petition for exclusion the period under Section 14 of the Limitation Act, 1963, which reads as:- 14 Exclusion of time of proceeding bona fide in court without jurisdiction. -- (1) In computing the period of limitation for any suit the time during which the plaintiff has been prosecuting with due diligence another civil proceeding, whether in a court of first instance or of appeal or revision, against the defendant shall be excluded, where the proceeding relates to the same matter in issue and is prosecuted in good faith in a court which, from defect of jurisdiction or other cause of a like nature, is unabl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... but it relates to period of limitation for any suit the time during which the plaintiff had been prosecuting with due diligence another civil proceeding. The other provision of Section 14 of the Limitation Act cannot be made applicable in this Appeal preferred under Section 61 of the I B Code. 4. Section 238A of the I B code, which deals with limitation is as under:- 238A. Limitation.--The provisions of the Limitation Act, 1963 (36 of 1963) shall, as far as may be, apply to the proceedings or appeals before the Adjudicating Authority, the National Company Law Appellate Tribunal, the Debt Recovery Tribunal or the Debt Recovery Appellate Tribunal, as the case may be. 5. If we apply the provision of Section 5 of the Limitation Ac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... very appeal under sub-section (1) shall be filed within thirty days before the National Company Law Appellate Tribunal: Provided that the National Company Law Appellate Tribunal may allow an appeal to be filed after the expiry of the said period of thirty days if it is satisfied that there was sufficient cause for not filing the appeal but such period shall not exceed fifteen days. 8. Section 238 of the Code makes it clear that the provision of the Code will override other laws. Therefore, we hold that Section 61(2) will override Section 5 of the Limitation Act. 9. In the aforesaid circumstances, as the Appeal is filed after 30 days and beyond 15 days thereafter, i.e., after 45 days of the date of the receipt/ knowledge of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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