The period from date of notice u/s 13(2) of SARFEASI Act to date of order passed by the court will be excluded for filing application u/s 7- Sesh Nath Singh Vs. Baidyabati Sheoraphuli Cooperative Bank Ltd-NCLAT
As per Section 14(2) of Limitation Act in computing the period of limitation the time during which the respondent has been prosecuting with due diligence another civil proceedings against the corporate debtor for the same relief shall be excluded. The period from date of notice under Section 13(2) of SARFEASI Act) to when the Kolkata High Court has passed the order against the Respondent will be excluded and if this period of 3 years and 6 months is excluded then the application filed under Section 7 of the I&B Code is within limitation period.