NATIONAL COMPANY LAW APPELLATE TRIBUNAL

Maharashtra State Electricity Distribution Company Ltd. Vs. NRC Limited & Anr.

MANU/NL/0062/2023

17.01.2023

Insolvency

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

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

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