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TMI Blog2022 (7) TMI 202X X X X Extracts X X X X X X X X Extracts X X X X ..... , the Review Application in SR No.949 of 2019 filed by the Applicant / Appellant is not before the Tribunal without jurisdiction, to try the subject matter, in issue. In fact, the Applicant / Appellant has filed the Review Application seeking to annul the order dated 30.03.2021 passed by the Tribunal. A clear cut reading of the Section 14 of the Limitation Act, 1963 unerringly points out that the ingredients of Section 14 of the Limitation Act, 1963 applies only in relation to a matter in which the litigant projects his Application before the Court / Tribunal having no jurisdiction to entertain it, but also when the Applicant files the Application in certain Court / Tribunal in a wrong forum consequence of a bonafide mistake of Law o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 5/1/2018 mentioning that the Appellant Company was not carrying on any business or operation for a period of two years immediately preceding the Financial Year and subsequently issued Form No.STK-7 on 09.08.2018 bearing No.ROC/CHN/STK-7/2018 notifying to the Applicant / Appellant Company before struck off the name of the Company from the Register of Companies. The Learned Counsel for the Applicant / Appellant brings to the Notice of this Tribunal that the Applicant / Appellant filed an Application in CA/1458/2018 before the National Company Tribunal, Chennai under Section 252 (3) of the Companies Act, 2013, pursuant to the striking off of the name of the Company by the Registrar of Companies and that the National Company Trib ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l, Division Bench II, Chennai can be excluded in regard to the computation of Limitation period . The Learned Counsel for the Applicant / Appellant adverts to Section 433 of the Companies Act, 2013, which enjoins that the Provisions of the Limitation Act 1963 (36 / 1963) shall, as far as may be, apply to Proceedings or Appeals before the Tribunal or the Appellate Tribunal , as the case may be. In this connection, this Tribunal relevantly points out that Section 14 of the Limitation Act, 1963 clearly envisages that the Legislature has enacted this Section to exclude a certain period covered by a Bonafide Litigant Activity . However, in the instant case, the Review Application in SR No.949 of 2019 filed by the Applicant / App ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion 14 of the Limitation Act, 1963 applies to the Court / Tribunal whether the exclusion of time bonafide in Court / Tribunal without jurisdiction and in the instant Case, Review Application was filed before the National Company Law Tribunal, Division Bench-II, Chennai to review an earlier order in CA/1458/2018 passed on 30.01.2019, by no stretch of imagination, be said to be Tribunal possessing no jurisdiction , viewed in that light, the invocation of Section 14 of the Limitation Act, 1963 on behalf of the Applicant / Appellant sans merits. Resultantly, IA/482/2022 Condonation of Delay filed by the Applicant / Appellant in the Instant Company Appeal (AT)(CH) No.40/2022, fails. In fine, the IA/482/2022 in the Instant ..... X X X X Extracts X X X X X X X X Extracts X X X X
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