Since SC Extended Limitation, No Need To File Application For Condonation Of Delay; NCLAT Delhi

The Principal Bench of the NCLAT comprising of Justice Ashok Bhushan, Justice Jarat Kumar Jain and Dr. Alok Srivastava, in M/s. The Bench Considered Two Issues: Whether judgment and order of the Hon'ble Supreme Court passed in Suo Motu Writ Petition No. 3 of 2020 held that- "When the Hon'ble Supreme Court has granted extension of period of limitation, it cannot be said that appeal, suit or application which is filed during the relevant period is barred by time so as requiring an Application under Section 5 of the Limitation Act, 1963 for condonation of delay. is filed within period of limitation as extended by the Hon'ble Supreme Court, there does not arise any occasion to pray for condonation of delay for filing suit, application or appeal." Nafeesa and Ors., in which the Kerala High Court held that in case an appeal or application is filed within the period of limitation as extended by the Hon'ble Supreme Court, there is no occasion to file an application for condonation of delay under Section 5 of the Limitation Act, 1963.