Section 17(1)(c) of Limitation Act, 1963 does not come into play in an appeal when limitation is prescribed for an appeal – Maharashtra State Electricity Distribution Company Ltd. Vs. NRC Ltd. & Anr. – NCLAT New Delhi
In the present case, the appeal has been filed in NCLAT with praying for condonation of 244 days delay in filing the Appeal.NCLAT held that the limitation for filing an Appeal is 30 days as per Section 61 of the IBC, 2016. The power of NCLAT for condoning the delay is of only 15 days as provided under Section 61(2) proviso of the Code. Section 17(1) the Limitation Act, 1963 deals with period of limitation in the case of any suit or application. On the face of it, Section 17(1)(c) does not come into play in an Appeal when limitation is prescribed for an Appeal. Therefore, we are in the present case, considering the limitation for filing an Appeal hence, Section 17(1)(c) has no application in the facts of the present case.
