Section 17 Of Limitation Act Inapplicable Where Limitation Is Prescribed For Appeal: NCLAT Delhi
1 year, 11 months ago

Section 17 Of Limitation Act Inapplicable Where Limitation Is Prescribed For Appeal: NCLAT Delhi

Live Law  

The National Company Law Appellate Tribunal, Principal Bench, comprising of Justice Ashok Bhushan and Mr. Barun Mitra, while adjudicating an appeal filed in Maharashtra State Electricity Distribution Company Ltd. v NRC Ltd. & Anr., has held that Section 17 of Limitation Act, 1963 deals with period of limitation in the case of any suit or application. Effect of fraud or mistake.— Where, in the case of any suit or application for which a period of limitation is prescribed by this Act,— the suit or application is based upon the fraud of the defendant or respondent or his agent; or the knowledge of the right or title on which a suit or application is founded is concealed by the fraud of any such person as aforesaid; or the suit or application is for relief from the consequences of a mistake; or ….xxx” NCLAT Verdict The Bench observed that the limitation for filing an Appeal is 30 days under Section 61 of IBC and only 15 days of delay could be condoned under Section 61 proviso of IBC. “The submission of Learned Counsel for the Appellant that he came to know to file an Appeal only on 29.06.2022 when Writ Petition was filed by the Successful Resolution Applicant seeking direction against the Appellant is the reason which cannot clothe jurisdiction to this tribunal to condone the delay beyond 15 days.” Section 17 of Limitation Act, 1963 deals with the period of limitation in the case of any suit or application. The Bench held that Section 17 of Limitation Act was inapplicable to the case and thus the delay of 244 days cannot be condoned.

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History of this topic

Order 23 Rule 2 CPC| Limitation For Suit Instituted Afresh Applies As If Earlier Suit Was Never Filed: Jharkhand High Court
2 days, 12 hours ago

Order 23 Rule 2 CPC| Limitation For Suit Instituted Afresh Applies As If Earlier Suit Was Never Filed: Jharkhand High Court

Live Law  

The Jharkhand High Court has under Order 23 Rule 2 of the Civil Procedure Code, the limitation period for a fresh suit instituted with court permission applies as if the original suit had never been filed. Order 23 CPC pertains to withdrawal and adjustment of suits wherein Rule 2 states that in any fresh suit instituted on permission granted under …

Sufficiency Of Reasons Over Number Of Days Is Considered While Determining Plea Of Condonation Of Delay U/S 37(1)(2) Of Arbitration Act: Delhi HC
5 days, 13 hours ago

Sufficiency Of Reasons Over Number Of Days Is Considered While Determining Plea Of Condonation Of Delay U/S 37(1)(2) Of Arbitration Act: Delhi HC

Live Law  

The Delhi High Court Bench of Justice Rekha Palli and Justice Saurabh Banerjee held that the appellant failed to demonstrate any plausible reasons for the delay caused in filing the present appeal. The appeal was also accompanied by two applications, the first seeking condonation of 670 days delay in filing the appeal and the second 591 days delay in re-filing …

S. 14 Limitation Act Applicable To Arbitration & Conciliation Act : Supreme Court
1 week, 5 days ago

S. 14 Limitation Act Applicable To Arbitration & Conciliation Act : Supreme Court

Live Law  

The Supreme Court has held that Section 14 of the Limitation Act, 1963 is applicable to the Arbitration and Conciliation Act, 1996.Section 14 of the Limitation Act provides for the exclusion of the time spent in pursuing bona fide proceedings in a wrong forum from the computation of the period of limitation.A bench comprising Justice PS Narasimha and Justice Manoj …

Not Being Aware Of Legal Remedy Not Ground To Condone Delay: Punjab & Haryana High Court
2 weeks, 4 days ago

Not Being Aware Of Legal Remedy Not Ground To Condone Delay: Punjab & Haryana High Court

Live Law  

"It is the duty of all Courts of justice, to take care for the general good of the community, that hard cases do not make bad law,” quoted the Punjab & Haryana High Court while refusing to allow plea for condonation of delay filed asserting lack of proper legal advice.Justice Sumeet Goel said, "A mere bald assertion of not having …

Special Treatment Cannot Be Given To Govt For Delay In Filing Appeal U/S 37 Of Arbitration Act: Delhi High Court
3 weeks, 3 days ago

Special Treatment Cannot Be Given To Govt For Delay In Filing Appeal U/S 37 Of Arbitration Act: Delhi High Court

Live Law  

The Delhi High Court bench of Ms. Justice Rekha Palli and Mr. Justice Saurabh Banerjee has affirmed that just because the appellant is government that doesn't mean that a special treatment will be given while condoning the delay in filing the appeal under section 37 of the Arbitration Act. That In M/s Jaitely Construction Co. v. Union of India the …

S. 4 Limitation Act Can't Be Invoked Using 30-Day Extension For Arbitration Appeals Filed Beyond 3-Months From Award: Supreme Court
5 months, 1 week ago

S. 4 Limitation Act Can't Be Invoked Using 30-Day Extension For Arbitration Appeals Filed Beyond 3-Months From Award: Supreme Court

Live Law  

The Supreme Court reiterated that if an arbitral award is challenged beyond the three-month limitation, the benefit of section 4 of the Limitation Act will not be available. The Court held that the 30-day extension period mentioned in the proviso to Section 34 of the Arbitration and Conciliation Act 1996 cannot be included in the "prescribed period" in Section 4 …

S.5 Limitation Act Does Not Apply To Application U/S 34 Arbitration Act, Timeline Provided To Be Adhered Strictly: Allahabad High Court
7 months ago

S.5 Limitation Act Does Not Apply To Application U/S 34 Arbitration Act, Timeline Provided To Be Adhered Strictly: Allahabad High Court

Live Law  

The Allahabad High Court has held that Section 5 of the Limitation Act does not apply to proceedings under Section 34 of the Arbitration and Conciliation Act, 1996 and the timeline provided in Section 34 for challenging an arbitral award must be strictly adhered to. Proviso to Section 34 empowers Court to condone a delay of 30 days if sufficient …

Is 90-Day Limitation For Appeal Under Sec.21(5) NIA Act Directory Or Mandatory? Supreme Court To Settle Conflicting Views Of HCs
8 months, 2 weeks ago

Is 90-Day Limitation For Appeal Under Sec.21(5) NIA Act Directory Or Mandatory? Supreme Court To Settle Conflicting Views Of HCs

Live Law  

The Supreme Court on Friday agreed to decide the issue whether the upper limit of 90 days prescribed under Section 21 National Investigation Agency Act to file appeal against an order of the trial court is directory or mandatory.The Court noted that there are conflicting opinions rendered by the High Courts on this point.The bench led by CJI DY Chandrachud …

Allahabad High Court Directs Inquiry Against Officers Who Failed To File Arbitration Appeals Within Prescribed Limitation
8 months, 3 weeks ago

Allahabad High Court Directs Inquiry Against Officers Who Failed To File Arbitration Appeals Within Prescribed Limitation

Live Law  

The Allahabad High Court has directed Principal Secretary/Additional Chief Secretary, Irrigation, Uttar Pradesh to conduct an inquiry against officers who were responsible for filing appeals under Section 37 of the Arbitration and Conciliation Act, 1996 which were filed after a delay of 513 days. While dismissing the appeals filed under Section 37 of the Arbitration and Conciliation Act, 1996, the …

Limitation Act | Doesn't Encompass Long Delays, Condonation Only In Exceptional Cases: Allahabad High Court Dismisses Section 37 A&C Petition
9 months ago

Limitation Act | Doesn't Encompass Long Delays, Condonation Only In Exceptional Cases: Allahabad High Court Dismisses Section 37 A&C Petition

Live Law  

The Allahabad High Court single bench of Justice Shekhar B. Saraf held that Section 5 of the Limitation Act does not encompass long delays, and condonation can only be granted in exceptional cases where the appellant acted in a bona fide manner and not negligently. Furthermore, the High Court emphasized the applicability of Section 5 of the Limitation Act to …

Delay Occurred In Filing Appeal Against Acquittal Under S.378 CrPC Can Be Condoned Under Limitation Act: Supreme Court
10 months ago

Delay Occurred In Filing Appeal Against Acquittal Under S.378 CrPC Can Be Condoned Under Limitation Act: Supreme Court

Live Law  

The Supreme Court held that the delay that occurred in preferring an appeal against the acquittal can be condoned under Section 5 of the Limitation Act, 1963. Arguments Made by the Parties The appellant-accused contended that the High Court could not have allowed the delay condonation application as the delay occurred in filing the appeal against the acquittal cannot be …

Section 11 Petition Can Be Filed Only After Failure Of Parties To Appoint Arbitrator Within 30 Days Of Notice, Limitation Act Applies: Delhi High Court
10 months, 1 week ago

Section 11 Petition Can Be Filed Only After Failure Of Parties To Appoint Arbitrator Within 30 Days Of Notice, Limitation Act Applies: Delhi High Court

Live Law  

The Delhi High Court bench, comprising Justice Prathiba M. Singh, held that a petition under Section 11 of the Arbitration and Conciliation Act, 1996 can only be filed after a notice of arbitration has been issued and there has been a failure to make the appointment of an arbitrator within 30 days. The bench held that the limitation period arises …

Limitation Period For Appointment Of A Substitute Arbitrator Is 3 Years From The Date When The Right To Apply For Fresh Appointment Accrues: Delhi High Court
11 months ago

Limitation Period For Appointment Of A Substitute Arbitrator Is 3 Years From The Date When The Right To Apply For Fresh Appointment Accrues: Delhi High Court

Live Law  

The High Court of Delhi has held that the limitation period for the appointment of the substitute arbitrator is 3 years from the date when the right to apply for such appointment accrues. The bench of Justice Pratibha M. Singh held that since the act does not provide for any explicit period for the appointment of a substitute arbitrator, the …

S.17 SARFAESI Act | Applications Filed Beyond 45-Day Limit Not Barred From Seeking Condontation Of Delay Under Limitation Act: MP High Court
11 months ago

S.17 SARFAESI Act | Applications Filed Beyond 45-Day Limit Not Barred From Seeking Condontation Of Delay Under Limitation Act: MP High Court

Live Law  

The Madhya Pradesh High Court recently held that Section 5 of the Limitation Act stipulating condonation of delay would apply in respect of applications under Section 17 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 before the Debt Recovery Tribunal filed beyond the period of 45 days. Taking note of Section 29 of …

Under Section 34(3) Of The A&C Act, The Limitation Period Of 3 Months Plus 30 Days In Inelastic And Inflexible: Delhi High Court Reiterates
11 months, 2 weeks ago

Under Section 34(3) Of The A&C Act, The Limitation Period Of 3 Months Plus 30 Days In Inelastic And Inflexible: Delhi High Court Reiterates

Live Law  

The High Court of Delhi has held that under Section 34 of the A&C Act, the limitation period of 3 months plus 30 days in inelastic and inflexible. The bench of Justices Suresh Kumar Kait and Neena Bansal Krishna explained that the challenge petition must be filed within 3 months from the date of the receiving of the award, however, …

NCLAT Delhi: Benefit Under Section 17 Of Limitation Act Is Not Available When Fraud Was Played In Creditor Company And Not In Company Of Corporate Debtor
1 year, 1 month ago

NCLAT Delhi: Benefit Under Section 17 Of Limitation Act Is Not Available When Fraud Was Played In Creditor Company And Not In Company Of Corporate Debtor

Live Law  

The National Company Law Appellate Tribunal, Delhi Bench, comprising of Justice Ashok Bhushan, Mr Barun Mitra and Mr Arun Baroka has rejected an appeal and held that benefits under Section 17 of the Limitation Act, 1963 for filing a belated claim is not available when the fraud was played in the Creditor Company and not in the company of the …

NCLAT New Delhi: Limitation To File Appeal Commences On The Order Pronouncement Date And Not When Aggrieved Party Becomes Aware Of Its Content
1 year, 2 months ago

NCLAT New Delhi: Limitation To File Appeal Commences On The Order Pronouncement Date And Not When Aggrieved Party Becomes Aware Of Its Content

Live Law  

The National Company Law Appellate Tribunal, Principal Bench, New Delhi comprising of Justice Ashok Bhushan, Barun Mitra, and Arun Baroka, dismissed the two applications filed in Raiyan Hotels and Resorts Pvt. The Appellate Tribunal held that the Limitation for filing of the Appeal does not commence on the date when the Appellant became aware of the contents but it shall …

Limitation Act Applies To Commercial Disputes But Delay Can Be Condoned Only In Exceptional Cases: Kerala High Court
1 year, 2 months ago

Limitation Act Applies To Commercial Disputes But Delay Can Be Condoned Only In Exceptional Cases: Kerala High Court

Live Law  

The Kerala High Court on Tuesday condoned a delay of 25 days in filing an appeal under the Commercial Courts Act, 2015, on the ground that such delay had not resulted in any loss on the part of the opposite party. The Division Bench comprising Justice Anil K. Narendran and Justice Sophy Thomas though took note of the intent of …

Statutory Appeal Period Under Customs Act, Appellate Authority Has No Power To Condone Delay: Delhi High Court
1 year, 2 months ago

Statutory Appeal Period Under Customs Act, Appellate Authority Has No Power To Condone Delay: Delhi High Court

Live Law  

The Delhi High Court has held that the appellate authority has no power to allow the appeal to be presented beyond the period of 30 days.The bench of Justice Yashwant Varma and Justice Dharmesh Sharma has relied on the decision of the Supreme Court in the case of Singh Enterprises vs. Commissioner of Central Excise, Jamshedpur & Ors., in which …

Registry Remained Open,Summer Vacation Not Excluded From Computation Of Limitation: NCLAT Delhi
1 year, 2 months ago

Registry Remained Open,Summer Vacation Not Excluded From Computation Of Limitation: NCLAT Delhi

Live Law  

The National Company Law Appellate Tribunal, New Delhi Bench, comprising of Justice Ashok Bhushan, Shri Barun Mitra and Shri Arun Baroka, while adjudicating an appeal filed in M K Overseas Export Pvt. Ltd. v Sapan Mohan Garg, has held that the duration of summer vacation of NCLAT cannot be excluded from computation of limitation period, since filing facility was not …

Period Of Limitation For Filing Appeal Against Family Court Order Is 30 Days, Delay Can Be Condoned If Sufficient Cause Shown: Delhi High Court
1 year, 3 months ago

Period Of Limitation For Filing Appeal Against Family Court Order Is 30 Days, Delay Can Be Condoned If Sufficient Cause Shown: Delhi High Court

Live Law  

The Delhi High Court has ruled that the period of limitation for filing an appeal against a judgment or order of the family court is 30 days.A division bench of Justice Sanjeev Sachdeva and Justice Vikas Mahajan added that the delay in filing of such an appeal can be condoned under Section 5 of the Limitation Act. The Delhi High …

Delay In Filing Of Appeal Under Section 42 Of IBC Is Condonable Under Section 5 Of Limitation Act: NCLAT Delhi
1 year, 6 months ago

Delay In Filing Of Appeal Under Section 42 Of IBC Is Condonable Under Section 5 Of Limitation Act: NCLAT Delhi

Live Law  

The National Company Law Appellate Tribunal, New Delhi Bench, comprising of Justice Ashok Bhushan and Shri Barun Mitra, while adjudicating an appeal filed in Canara Bank v Commercial Tax Department Circle 09, Indore, Madhya Pradesh & Anr., has held that delay in filing the Appeal under Section 42 of IBC is condonable in exercise of power under Section 5 of …

Entire 30 Days Extended Period Under Section 34(3) Of The A&C Act Coincided With Court Vacations, Calcutta High Court Invokes Power Under Article 133(1)(A) R/W Article 134A Of The Constitution
1 year, 7 months ago

Entire 30 Days Extended Period Under Section 34(3) Of The A&C Act Coincided With Court Vacations, Calcutta High Court Invokes Power Under Article 133(1)(A) R/W Article 134A Of The Constitution

Live Law  

The High Court of Calcutta has invoked its powers under Article 133 r/w Article 134A of the Constitution to allow the aggrieved party to directly appeal against its judgment to the Supreme Court on the ground that the case involves a substantial question of law of general importance. The bench of Justice Shekhar B. Saraf was dealing with a peculiar …

Arbitration Cases Weekly Round-Up: April 9 To April 15, 2023
1 year, 8 months ago

Arbitration Cases Weekly Round-Up: April 9 To April 15, 2023

Live Law  

Supreme Court: Limited Scrutiny of Court Under Section 11 Of Arbitration Act Through The “Eye Of The Needle”, Is Necessary And Compelling: Supreme Court Case Title: NTPC Ltd vs M/s SPML Infra Ltd The Supreme Court has ruled that the court while exercising jurisdiction under Section 11 of the Arbitration and Conciliation Act, 1996 is not expected to act mechanically, …

No Scope For Condonation Of Delay Beyond 15 Days, Much Less 45 Days: NCLAT Delhi
1 year, 8 months ago

No Scope For Condonation Of Delay Beyond 15 Days, Much Less 45 Days: NCLAT Delhi

Live Law  

The National Company Law Appellate Tribunal, Principal Bench, comprising of Justice Rakesh Kumar Jain and Shri Naresh Salecha, while adjudicating an appeal filed in Diwakar Sharma v Anand Sonbhadra, has held that there is no scope for condonation of delay beyond the period of 15 days much less 45 days, as there is no window available for NCLAT to exercise …

IBC - When Does Limitation Begin To Run? Analysing SC Judgment In "V.Nagarajan vs. SKS Ispat"
1 year, 11 months ago

IBC - When Does Limitation Begin To Run? Analysing SC Judgment In "V.Nagarajan vs. SKS Ispat"

Live Law  

V.Nagarajan vs. SKS Ispat is a much-misunderstood case. While appealing, the Liquidator relied upon provisions in the National Company Law Tribunal Rules and the Companies Act, 2013 that entitled him to receive a ‘free copy’ of an Order. In contrast, Section 62 of the IBC clearly states any person aggrieved by an order the NCLAT may file an appeal on …

Applicability Of Limitation Act Barred When Special Act Provides For Limitation Period Along With Its Extension: MP High Court Reiterates
2 years ago

Applicability Of Limitation Act Barred When Special Act Provides For Limitation Period Along With Its Extension: MP High Court Reiterates

Live Law  

The Madhya Pradesh High Court, Indore Bench recently reiterated that applicability of the Limitation Act would be barred in cases governed by a special Act which provides for the provision of limitation period and its extension. Justice Subodh Abhyankar added that even if the provisions of the Limitation Act are not specifically excluded, its operation would be barred when the …

Extension Of Limitation For Section 34 Application, Is Not Contingent On Merits Of Section 33 Application: Delhi High Court
2 years, 1 month ago

Extension Of Limitation For Section 34 Application, Is Not Contingent On Merits Of Section 33 Application: Delhi High Court

Live Law  

The Delhi High Court has ruled that the benefit of extension of limitation for filing an application under Section 34 of the Arbitration and Conciliation Act, 1996, by virtue of an application filed under Section 33, for correction and interpretation of award, would not apply solely to the parties making the request under Section 33. The Court observed that as …

Period Of Limitation For The Appointment Of Substitute Arbitrator Begins On The Date Of His Recusal/Removal, Date Of Knowledge Is Irrelevant: Delhi High Court
2 years, 1 month ago

Period Of Limitation For The Appointment Of Substitute Arbitrator Begins On The Date Of His Recusal/Removal, Date Of Knowledge Is Irrelevant: Delhi High Court

Live Law  

The High Court of Delhi has held that the period of limitation for appointing a substitute arbitrator under Section 15 of the A&C Act commences on the date of recusal/removal of the arbitrator and the date on which the fact of his removal/recusal comes to the knowledge of a party is irrelevant for the purpose of limitation. Contention of the …

Does Limitation Period For Filing Appeal Applies To Period For Curing Defects?: NCLAT Refers Question To Larger Bench
2 years, 3 months ago

Does Limitation Period For Filing Appeal Applies To Period For Curing Defects?: NCLAT Refers Question To Larger Bench

Live Law  

The National Company Law Appellate Tribunal, Principal Bench, comprising of Justice Ashok Bhushan, Justice N Satyanarayana Murthy and Mr. Barun Mitra, while adjudicating in an appeal filed in Mr. V R Ashok Rao v TDT Copper Limited, has observed that issue of delay in refilling of appeal is often coming before the NCLAT Bench for consideration. Accordingly, the NCLAT Bench …

Certified Copy Preparation Period Can Be Excluded For Limitation Under Section 61 Of The Insolvency & Bankruptcy Code, 2016.
2 years, 4 months ago

Certified Copy Preparation Period Can Be Excluded For Limitation Under Section 61 Of The Insolvency & Bankruptcy Code, 2016.

Live Law  

The National Company Law Appellate Tribunal, Principal Bench comprising of Justice Ashok Bhushan and Mr. Barun Mitra recently held that the time taken for preparation of the certified copy of the order/judgment will be excluded for computation of limitation under Section 61 of the Insolvency and Bankruptcy Code, 2016. The Appellant filed the appeal before the NCLAT on 08.07.2022 and …

Limitation For Filing An Appeal Under IBC
2 years, 4 months ago

Limitation For Filing An Appeal Under IBC

Live Law  

The Supreme Court on 23rd March, 2020 while taking suo motu cognizance of the COVID-19 pandemic extended the period of limitation under the Limitation Act, 1963 for filing of petitions/applications/suits/ appeals/all other proceedings until further notice. One such issue regarding limitation has been addressed by the Supreme Court in V Nagarajan v. SKS Ispat and Power Limited and Others wherein …

Provisions Of Limitation Act Has No Application When A Statute Extinguishes The Right Itself: Supreme Court
2 years, 4 months ago

Provisions Of Limitation Act Has No Application When A Statute Extinguishes The Right Itself: Supreme Court

Live Law  

The Supreme Court observed that the provisions of Limitation Act will not have apply when a Statute extinguishes the right itself.The distinction between barring a remedy as exception is well established, the bench observed in a judgment in which it dealt with the Rule 30 of the Second Schedule of the Carriage by Air Act, 1972.The Rule 30 provides that …

Section 11 Application Barred By Limitation; Parties Cannot Be Referred To Arbitration: Punjab and Haryana High Court
2 years, 5 months ago

Section 11 Application Barred By Limitation; Parties Cannot Be Referred To Arbitration: Punjab and Haryana High Court

Live Law  

The Punjab and Haryana High Court has reiterated that if the application for appointment of arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996 is hopelessly time-barred, no arbitrator can be appointed by the High Court. The applicant filed an application before the Punjab and Haryana High Court under Section 11 of the Arbitration and Conciliation Act, 1996 …

Question Of Limitation Pertains To Substantial Justice: Supreme Court Condones 67 Days' Delay In Filing Revision Before NCDRC
2 years, 6 months ago

Question Of Limitation Pertains To Substantial Justice: Supreme Court Condones 67 Days' Delay In Filing Revision Before NCDRC

Live Law  

Remarking that "delay in filing the revision was not huge, that should not have been condoned under the Consumer Protection Act", the Court remitted the matter back to the NCDRC for decision on merits. In the impugned order, the NCDRC had said, "Hon'ble Supreme Court has also warned this Commission in the matters covered under the Consumer Protection Act, to …

Court Not Obliged To Consider Merits Of An Appeal Which Is Barred By Limitation & No Plausible Cause For Delay Is Shown: Supreme Court
2 years, 7 months ago

Court Not Obliged To Consider Merits Of An Appeal Which Is Barred By Limitation & No Plausible Cause For Delay Is Shown: Supreme Court

Live Law  

The Supreme Court observed that a court has no obligation to consider the merits of an appeal which is barred by limitation and no plausible cause for delay is shown.The bench also observed that the law of limitation binds everybody including the Government and a different yardstick for condonation of delay cannot be laid down because the government is involved.In …

Limitation Period Cannot Be Extended On Equitable Grounds: Supreme Court
2 years, 9 months ago

Limitation Period Cannot Be Extended On Equitable Grounds: Supreme Court

Live Law  

The Supreme Court observed that an application for condonation of delay has to be dismissed if it is found that the delay is not properly explained and that the period of limitation cannot be extended on equitable ground.Otherwise, it would be giving a premium to a person who fails to explain the delay and who is guilty of delay and …

Repeated Representation Doesn't Extend Limitation Nor Can Be Ground To Plead Fresh Cause Of Action To Overcome Delay & Laches: Delhi High Court
2 years, 10 months ago

Repeated Representation Doesn't Extend Limitation Nor Can Be Ground To Plead Fresh Cause Of Action To Overcome Delay & Laches: Delhi High Court

Live Law  

The Delhi High Court reiterated that it is a settled law that repeated representation does not extend limitation nor can be a ground to plead a fresh cause of action to overcome delay and laches. Patel and Justice Jyoti Singh dismissed an appeal filed with a delay of 46 years from the date the shop in question was demolished and …

Limitation Period For Seeking Appointment Of Arbitrator Commences After Expiry Of 30 Days From Issuance Of Notice Invoking Arbitration: Delhi HC
2 years, 10 months ago

Limitation Period For Seeking Appointment Of Arbitrator Commences After Expiry Of 30 Days From Issuance Of Notice Invoking Arbitration: Delhi HC

Live Law  

The Delhi High Court has held that the Limitation period of 3 years for seeking Appointment of Arbitrator commences from the date of expiry of 30 days period, reckoned from date of issuance of the notice invoking arbitration. Consequently, the Petitioner sent Legal Notice dated 14.3.2019 to Respondent invoking Arbitration under Clause 18 of the Agreement seeking consent for sole …

SC Orders Extending Period Of Limitation Applicable To Proceedings & Orders Passed Under Payment Of Gratuity Act: Delhi High Court
2 years, 11 months ago

SC Orders Extending Period Of Limitation Applicable To Proceedings & Orders Passed Under Payment Of Gratuity Act: Delhi High Court

Live Law  

The Delhi High Court has clarified that the extension of limitation by the Supreme Court would apply to decisions rendered by the Authorities under the Payment of Gratuity Act, 1972. While hearing an appeal filed against an order of the Appellate Authority which had dismissed an appeal filed by the Petitioner on the ground that the appeal was barred by …

Supreme Court Orders On Extension Of Limitation Not Applicable Where Defendant Was Not Prevented From Filing Written Statement: Delhi High Court
3 years ago

Supreme Court Orders On Extension Of Limitation Not Applicable Where Defendant Was Not Prevented From Filing Written Statement: Delhi High Court

Live Law  

The Delhi High Court has observed that the Supreme Court's orders on extension of limitation will not be applicable in circumstances where the defendant was not prevented from filing written statement. It was on March 23 last year that the Supreme Court extended the limitation period for filing in all courts and tribunals with effect from March 15, 2020, until …

Application For Certified Copy Has To Be Made Before Expiry Of Limitation Period To Claim Exclusion Under Sec 12 Limitation Act : Supreme Court
3 years, 2 months ago

Application For Certified Copy Has To Be Made Before Expiry Of Limitation Period To Claim Exclusion Under Sec 12 Limitation Act : Supreme Court

Live Law  

The Supreme Court observed that person wishing to file an appeal has to file an application for a certified copy before the expiry of the limitation period to avail benefit of exclusion of "time requisite" for obtaining a copy.If no application for a certified copy has been made, no exclusion can ensue, the bench of Justices DY Chandrachud, Vikram Nath …

Limitation Period For Appeal Under Section 61 IBC Starts Running From Date Of Pronouncement; Delay In Uploading Won't Exclude Limitation : Supreme Court
3 years, 2 months ago

Limitation Period For Appeal Under Section 61 IBC Starts Running From Date Of Pronouncement; Delay In Uploading Won't Exclude Limitation : Supreme Court

Live Law  

The Supreme Court has held that the period of limitation for filing of appeal against an order as per Section 61 of the Insolvency and Bankruptcy Code will start running as soon as the same is pronounced, and that it is not dependent on the date when the order is uploaded.So, a party who failed to file an application for …

Court/Tribunal Can Condone Delay Under Section 5 Limitation Act Even In The Absence Of A Formal Application: Supreme Court
3 years, 9 months ago

Court/Tribunal Can Condone Delay Under Section 5 Limitation Act Even In The Absence Of A Formal Application: Supreme Court

Live Law  

The Supreme Court held that there is no bar to exercise by the Court/Tribunal of its discretion to condone delay under Section 5 of the Limitation Act, in the absence of a formal application.However, the Court can always insist that an application or an affidavit showing cause for the delay be filed, the bench comprising Justices Indira Banerjee and Hemant …

BREAKING : Supreme Court Ends Extension Of Limitation; Period From 15.03.2020 To 14.03.2021 Excluded From Limitation Period
3 years, 9 months ago

BREAKING : Supreme Court Ends Extension Of Limitation; Period From 15.03.2020 To 14.03.2021 Excluded From Limitation Period

Live Law  

The Supreme Court on Monday lifted the extension of the limitation period for filing of cases granted by the Court in March last year on account of COVID-19 pandemic and the national lockdown. A bench comprising Chief Justice of India SA Bobde, Justices L Nageswara Rao, and S Ravindra Bhat disposed of the suo moto case with the following directions …

Limitation Under IBC – A Tale Of Two Judgments?
4 years, 2 months ago

Limitation Under IBC – A Tale Of Two Judgments?

Live Law  

"…It was the best of times, it was the worst of times…." In this background, a bench of three members passed a landmark judgment in the appeal titled Bishal Jaiswal v. Asset Reconstruction Company Limited & Anr.. All these judgments passed by Constitution Benches of the Supreme Court hold that normally a decision of a larger bench is binding on …

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