Period of delay in filing appeal u/s 61 of IBC, from date of restoration application to disposed of as withdrawn of CIRP initiation application cannot be excluded by giving the benefit of Section 14 of Limitation Act – Harish Kumar Vs. Solitaire Infomedia Pvt. Ltd. & Anr. – NCLAT New Delhi
NCLAT held that the present is a case where we cannot hold that the application filed for restoration was in a wrong forum which could not be decided for the defect of jurisdiction or of like nature. Conditions as contemplated u/s 14 are not attracted to extend the benefit u/s 14 to the Appellant. The judgement of Hon’ble Supreme Court in Sesh Nath Singh & Anr. Vs. Baidyabati Sheoraphuli Co-operative Bank Ltd. & Anr. (2021) ibclaw.in 49 SC was a case where the benefit was extended u/s 14 of the Limitation Act with regard to period during which writ petition was pending challenging the proceedings under SARFAESI Act. The facts of the case Sesh Nath Singh & Anr. are entirely different and are not attracted in the present case. Our jurisdiction to condone the delay is limited to only 15 days. Hence, we are unable to accept the prayer to condone the delay of 38 days beyond the expiry of limitation. The application for condonation of delay is rejected. Memo of appeal is rejected.
