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TMI Blog2023 (4) TMI 876X X X X Extracts X X X X X X X X Extracts X X X X ..... r the statute for filing the appeal but the period which is provided further within which the application for condonation of delay can be filed has not been ordered to be extended. In the case of National Spot Exchange Limited Vs. Mr. Anil Kohli, RP for Dunar Foods Limited, [ 2021 (9) TMI 1156 - SUPREME COURT ]. The Hon ble Supreme Court has held that Thus, considering the statutory provisions which provide that delay beyond 15 days in preferring the appeal is uncondonable, the same cannot be condoned even in exercise of powers under Article 142 of the Constitution . It would have been an altogether different situation had an application been filed by the Appellant during the period of 15 days which is provided in the proviso to Section 61(2) then the said application could have been considered for condoning the delay only of 15 days or whatever days the delay was caused but beyond the period of 15 days this Tribunal does not have any jurisdiction to condone the delay. This is not a fit case for condonation of delay for filing of the appeal - application dismissed. - Company Appeal (AT) (Ins.) No. 753 of 2021 & I.A. No. 304 of 2022 - - - Dated:- 20-4-2023 - [ Justice Rak ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has to begin from the date of knowledge i.e. 13.02.2020 and not 12.03.2020 and further relying on the judgment passed by the Hon ble Supreme Court in the case of V. Nagarajan Vs. SKS Ispat and Power Limited Others reported in (2022)2 SCC 244 whereby paragraphs 7, 23, 24 25, submits that in this case the period of limitation of 30 days lapsed on 14.03.2020 and this Appeal was filed before this Tribunal on 23.08.2021, therefore, the instant Appeal is barred by time being filed beyond 45 days. The Ld. Counsel for the Appellant to reply on the issue of limitation advanced by the Ld. Counsel for the Respondent and liberty to file additional affidavit in support of this case before the next date of hearing. List the Appeal For Order on 25th January, 2023. 4. Pursuant thereto, the Appellant filed the additional affidavit and in this regard an order was passed on 13.03.2023 which read as under:- 13.03.2023: In terms of the order dated 23.02.2023, the Ld. Counsel for the Appellant has filed the Additional Affidavit brought on record the orders of the Hon ble Supreme Court passed in Suo Motu W.P.(C) No. 3 of 2020 Re: Cognizance for extension of limitation dat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ribed under the statute has not yet expired and it does not relate to the period which is granted for the purpose of seeking condonation of delay by assigning sufficient cause. It is further submitted that the Appellant is flogging a dead horse as the substantive right to file the appeal had expired after the lapse of 30 days on 14.03.2020 whereas the Appeal has been filed on 25.08.2021 much after almost 17 months. 8. We have heard Counsel for the parties and perused the record. 9. Section 61 of the Code deals with the appeals and appellate authority. Section 61 of the Code is reproduced as under:- Section 61: Appeals and Appellate Authority. (1) Notwithstanding anything to the contrary contained under the Companies Act 2013, any person aggrieved by the order of the Adjudicating Authority under this part may prefer an appeal to the National Company Law Appellate Tribunal. (2) Every appeal under sub-section (1) shall be filed within thirty days1 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 t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f limitation prescribed under the general law of limitation or under Special Laws (both Central and/or State). To obviate such difficulties and to ensure that lawyers/litigants do not have to come physically to file such proceedings in respective Courts/Tribunals across the country including this Court, it is hereby ordered that a period of limitation in all such proceedings, irrespective of the limitation prescribed under the general law or Special Laws whether condonable or not shall stand extended w.e.f. 15th March 2020 till further order/s to be passed by this Court in present proceedings. We are exercising this power under Article 142 read with Article 141 of the Constitution of India and declare that this order is a binding order within the meaning of Article 141 on all Courts/Tribunals and authorities. This order may be brought to the notice of all High Courts for being communicated to all subordinate Courts/Tribunals within their respective jurisdiction. Issue notice to all the Registrars General of the High Courts, returnable in four weeks. 12. In the aforesaid order it is provided that the limitation shall extend w.e.f 15.03.2020. Meaning the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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) and termination of proceedings. 4. The Government of India shall amend the guidelines for containment zones, to state. Regulated movement will be allowed for medical emergencies, provision of essential goods and services, and other necessary functions, such as, time bound applications, including for legal purposes, and educational and job-related requirements. 3. The Suo Motu Writ Petition is disposed of accordingly. 14. In this order, it has been categorically directed that for the purpose of computation the period of limitation in filing of the appeal the period from 15.03.2020 till 14.03.2021 shall stand excluded. Consequently, the balance period of limitation remaining as on 15.03.2020, if any, shall become available with effect from 15.03.2021. 15. The order dated 10.01.2022 passed by the Hon ble Supreme Court is reproduced as under:- 1. In March, 2020, this Court took Suo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .03.2020 is restored and in continuation of the subsequent orders dated 08.03.2021, 27.04.2021 and 23.09.2021, it is directed that the period from 15.03.2020 till 28.02.2022 shall stand excluded for the purposes of limitation as may be prescribed under any general or special laws in respect of all judicial or quasi judicial proceedings. II. Consequently, the balance period of limitation remaining as on 03.10.2021, if any, shall become available with effect from 01.03.2022. III. In cases where the limitation would have expired during the period between 15.03.2020 till 28.02.2022, notwithstanding the actual balance period of limitation remaining, all persons shall have a limitation period of 90 days from 01.03.2022. In the event the actual balance period of limitation remaining, with effect from 01.03.2022 is greater than 90 days, that longer period shall apply. IV. It is further clarified that the period from 15.03.2020 till 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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