The provisions of the Limitation Act, 1963 cannot be invoked for regulating the period of limitation governing appeals preferred under Section 61 of the Code – Office of the Specified Officer SEZ Vs. Mr. V. Venkatachalam RP of Sai Wardha Power Generation Limited – NCLAT

NCLAT held that this provision engrafted in Section 61 (1) & (2) provides special Rules of limitation and the phraseology of Section 61 (1) in unambiguous terms provides that such right of appeal shall be available to aggrieved party notwithstanding anything to the contrary contained under the Companies Act, 2013. This leaves no room for doubt that the appeal provided for in this Section is not in any manner limited, scuttled or curtailed by the provisions of the Companies Act, 2013 and this right of appeal, as a creation of a statute, is exercisable in accordance with Special Rules of Limitation contained therein which has an overriding effect on provision contained in the Companies Act, 2013 as also in the Limitation Act, 1963. It is by now well settled that the provisions of the Limitation Act, 1963 cannot be invoked for regulating the period of limitation governing appeals preferred under Section 61 of the ‘I&B Code’ which ordinarily provides a period of 30 days for preferring of an appeal by an aggrieved person qua an order passed under Part-II of the ‘I&B Code’ which is extendable by 15 days at the discretion of this Appellate Tribunal on sufficient cause being assigned for non-filing of appeal within the statutory period of 30 days. It is also manifestly clear that the outer limit of 45 days cannot be transgressed to enable an Appellant to maintain an appeal under this provision. If the appeal has been preferred beyond statutory period of 30 days and extended period of 15 days i.e. total 45 days, this Appellate Tribunal will have no jurisdiction to entertain such appeal.

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