Delay In Filing Of Appeal Under Section 42 Of IBC Is Condonable Under Section 5 Of Limitation Act: NCLAT Delhi
Live LawThe 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 the Limitation Act, 1963. Section 42 of IBC provides for filing an appeal against the decision of Liquidator of either accepting or rejecting the claim, within 14 days of passing of such order. On 27.02.2023, the Tax Department filed an appeal under Section 42 of IBC before the NCLT, seeking acceptance of its entire claim inclusive of interest. Whereas, the Tax Department filed its claim before the Liquidator with 19 days delay and after non-acceptance of the claim, an Appeal was filed under Section 42 of IBC with delay of 111 days.