NCLT: Suspended Directors Who are Prospective Resolution Applicants Cann’t Access Valuation Reports  ||  Supreme Court Clarifies Test For Granting Bail to Accused Added at Trial under Section 319 CrPC  ||  SC: Fresh Notification For Vijayawada ACB Police Station not Required After AP Bifurcation  ||  SC: Studying in a Government Institute Does Not Create an Automatic Right to a Government Job  ||  NCLT Mumbai: CIRP Claims Cannot Invoke the 12-Year Limitation Period For Enforcing Mortgage Rights  ||  NCLAT: Misnaming Guarantor as 'Director' in SARFAESI Notice Doesn't Void Guarantee Invocation  ||  Jharkhand HC: Mere Breach of Compromise Terms by an Accused Does Not Justify Bail Cancellation  ||  Cal HC: Banks Cannot Freeze a Company's Accounts Solely Due To ROC Labeling a 'Management Dispute'  ||  Rajasthan HC: Father’s Rape of His Daughter Transcends Ordinary Crime; Victim’s Testimony Suffices  ||  Delhi HC: Judge Who Reserved Judgment Must Deliver Verdict Despite Transfer; Successor Can't Rehear    

Maharashtra State Electricity Distribution Company Ltd. Vs. NRC Limited & Anr. - (NATIONAL COMPANY LAW APPELLATE TRIBUNAL) (17 Jan 2023)

Section 17 of Limitation Act does not come into play, when limitation is prescribed for an Appeal

MANU/NL/0062/2023

Insolvency

The Appellant who is Maharashtra State Electricity Distribution Company Ltd. has filed present Appeal challenging the order of the Adjudicating Authority by which Resolution Plan was approved by the Adjudicating Authority.

The Appellant submits that, Appellant came to know about the fact that the order need to be challenged only on 29th June, 2022 when writ petition was filed by Successful Resolution Applicant seeking direction against the Appellant. It is submitted that, Appellant was not aware that he has to challenge the Order by that time and thereafter this Appeal has been filed on 22nd November, 2022. The Appellant has further relied on Section 17(1)(c) of the Limitation Act, 1963 to submit that Appellant is entitled to benefit of limitation.

In the present case, the Order which has been challenged is dated 13th March, 2020 and the Appeal has been filed in this Tribunal on 22nd November, 2022. The limitation for filing an Appeal is 30 days as per Section 61 of the Insolvency and bankruptcy Code 2016. The power of this tribunal for condoning the delay is of only 15 days as provided under Section 61(2) proviso of the IBC.

Section 17(1) of Limitation Act 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, considering the limitation for filing an Appeal hence, Section 17(1)(c) of Limitation Act has no application in the facts of the present case. Application filed by the Appellant praying for condonation of delay of 244 days cannot be accepted. The Delay Condonation Application is dismissed.

Tags : DELAY   CONDONATION  

Share :        

Disclaimer | Copyright 2026 - All Rights Reserved