Section 61(2) of the Code will override Section 5 of the Limitation Act- Radhika Mehra Vs. Vaayu Infrastructure LLP & Ors. – NCLAT New Delhi

The Appeal has been preferred with the Petition for exclusion the period under Section 14 of the Limitation Act, 1963. NCLAT held that Section 14 of the Limitation Act relates to exclusion of time of proceeding bona fide in court without jurisdiction, 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 Code. If apply the provision of Section 5 of the Limitation Act, the 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, NCLAT held that Section 61(2) will override Section 5 of the Limitation Act.

Section 61(2) of the Code will override Section 5 of the Limitation Act- Radhika Mehra Vs. Vaayu Infrastructure LLP & Ors. – NCLAT New Delhi Read Post »