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TMI Blog2022 (10) TMI 557X X X X Extracts X X X X X X X X Extracts X X X X ..... ating Authority (National Company Law Tribunal), Mumbai Bench, Court III rejecting Section 9 Application filed by the Appellant. The Appeal was e-filed in this Tribunal on 30.05.2022 and was presented physically on 21.07.2022. After curing the defects, it was represented on 04.08.2022. I.A. No. 2827 of 2022 has been filed for condonation of 1-day delay in filing the Appeal and 53 days' delay in filing the physical copy of the Appeal. 3. Company Appeal (AT) (Ins.) No. 1031 of 2022 has been filed by the State Bank of India challenging the order dated 28.02.2022 passed by the Adjudicating Authority (National Company Law Tribunal), New Delhi, Court-VI rejecting the I.A 601/2021. The Appeal was e-filed on 25.05.2022 and physical copy of the Appeal was filed on 25.07.2022. 4. Learned Counsel for the Appellant in support of the delay condonation Application submits that this Tribunal having permitted e-filing of the Appeals by its order dated 03.01.2021 the limitation for filing the Appeal is to be computed from the date of e-filing of the Appeal. Learned Counsel for the Appellant has also placed reliance on 'Rules for On-Line Electronic Filing' framed by High Court of Delhi dated 22.02 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ns of the Counsel for the parties and perused the record. 8. Filing of the Appeals in this Tribunal is governed by Statutory Rules namely- 'National Company Law Appellate Tribunal Rules, 2016' ("NCLAT Rules, 2016). Rule 22 provides for 'presentation of appeal' which is to the following effect:- "22. Presentation of appeal.- (1) Every appeal shall be presented in Form NCLAT-1 in triplicate by the appellant or petitioner or applicant or respondent, as the case may be, in person or by his duly authorised representative duly appointed in this behalf in the prescribed form with stipulated fee at the filing counter and non-compliance of this may constitute a valid ground to refuse to entertain the same. (2) Every appeal shall be accompanied by a certified copy of the impugned order. (3) All documents filed in the Appellate Tribunal shall be accompanied by an index in triplicate containing their details and the amount of fee paid thereon. (4) Sufficient number of copies of the appeal or petition or application shall also be filed for service on the opposite party as prescribed. (5) In the pending matters, all other applications shall be presented after serving copies thereof in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Appeal. 12. We may notice the Rules framed by High Court of Delhi dated 22.02.2022. High Court of Delhi issued 'Rules For On-Line Electronic Filing' under Section 7 of the Delhi High Court Act 1966 and Article 227 of the Constitution of India. Rule 14 provides for 'computation of time'. Rule 14.1 is as follows:- "14. Computation of Time 14.1. Wherever limitation/time limits apply, it will be the responsibility of the party concerned to ensure that the filing is carried out well before the cut-off date and time. The date of e-filing will be taken as that date when the Action is electronically received in the Registry within the prescribed time on any working day. For computing the time at which e-filing is made, Indian Standard Time (IST) will apply." 13. Learned Counsel for the Respondents has also relied on the Rules framed by Orissa High Court under the heading 'Orissa High Court Guidelines for E-filing'. Guideline 15 is as follows:- "15. COMPUTATION OF TIME.- (a) Limitation shall be computed from the date of e-filing if hard copy is filed within 7 days but if hard copy is not filed within 7 days, the limitation will be computed from the date of filing of hard copy. Ho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ling of appeal or proceedings through electronic mode such as online filing, the Rules shall be adopted as nearly as possible on and from a date to be notified separately. 17. Circular issued by this Tribunal dated 03.01.2021 and other Circulars issued subsequently namely- Circular dated 15.07.2022 and 18.07.2022 do not give any indication as to how the limitation shall be computed for filing the Appeal, whether limitation is to be computed from the date of e-filing or from the date physical copy is filed. We, in the facts of the present case, especially when Circular issued by the Tribunal does not give any indication as to from which date the limitation is to be computed, the ends of justice be served in giving benefit to the Appellants to compute the limitation from the date of e-filing. When the limitation is computed for Company Appeal (AT) (Ins.) No. 1031 of 2022 which was e-filed on 25.05.2022 is well within the time as allowed by the Hon'ble Supreme Court by order passed in Suo Moto Writ Petition (C) No. 3 of 2020. Company Appeal (AT) (Ins.) No. 984 which was e-filed on 30.05.2022 being delayed by only one day. Delay of one day is condoned. 18. We need to consider one mor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 28.02.2022 shall also stand excluded in computing the periods prescribed under Sections 23(4) and 29A of the Arbitration and Conciliation Act, 1996, Section 12A of the Commercial Courts Act, 2015 and provisos (b) and (c) of Section 138 of the Negotiable Instruments Act, 1881 and any other laws, which prescribe period(s) of limitation for instituting proceedings, outer limits within which the court or Tribunal can condone delay. The direction in Para 5(IV) is only clarificatory and in no manner restrict the benefit which has been extended in Para 5(III). The Appellants are clearly entitled to the benefit of limitation as provided in Direction 5(III) under which w.e.f. 01.03.2022, they are entitled to file Appeal within 90 days. 90 days' period came to an end on 29.05.2022. 20. We, thus, do not find any substance in the submission of the Counsel for the Respondents that the Appellants are not entitled for the benefit as provided in Para 5(III). 21. In result, Company Appeal (AT) (Ins.) No. 1031 of 2022 is held within time and one-day delay in Company Appeal (AT) (Ins.) No. 984 of 2022 is condoned. Both the Delay Condonation Applications are disposed of accordingly. 22. Before we c ..... X X X X Extracts X X X X X X X X Extracts X X X X
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