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The N.R.C. Employees, Co-Operative ... vs Mr. Vikas Prakash Gupta And Ors

National Company Law Appellate Tribunal24 September 2021

Ratio decidendi

The rule this decision rests on

The Suo Motu orders of the Supreme Court extending limitation under general or special law, as applied in the Suo Motu Writ Petition (C) No. 3 of 2020 orders of 23.03.2020, 08.03.2021 and 27.04.2021, operate so that where the prescribed period of limitation expired on or after 15.03.2020, that period stands extended till further orders of the Supreme Court; an appeal filed within the period so extended is therefore within limitation, and no separate showing of sufficient cause under the limitation provision is required for such an appeal.

Written by Miss Lucy from the judgment below, not taken from a headnote.

Judgment

As delivered

1National Company Law Appellate Tribunal, New DelhiPrincipal BenchI.A. No. 1870 of 2021InCompany Appeal (AT) (Ins) No. 704 of 2021

IN THE MATTER OF: The N.R.C. Employees' Co-Operative Credit Society Ltd. (Through its Secretary Sh. Ganesh Hendrya Konkar) ... Appellant Vs. Vikas Prakash Gupta RP of NRC Ltd. & Ors. ...Respondents Present: For Appellant: - Mr. Shashank Khurana, Advocate For Respondent:- Mr. Vikram Hegde, Mr. Shantanu Lakhotia, Advocates for R1 Mr. Vikas Gupta, R1- in person Mr. Vikram Nankani, Sr. Adv. with Mr. Himanshu Satija, Mr. Ajitesh Soni, Advocates for R4.

ORDER

(Virtual Mode)

24.09.2021: Heard Ld. Counsels for the parties on I.A. No. 1870 of 2021

an Application for condonation of delay.

2. Ld. Counsel for the Appellant submits that the impugned order has been

passed on 13.03.2020. However, the order was uploaded on 09.06.2020. The

Appeal should have been filed within 30 days but due to Covid-19 Pandemic,

the Appeal could not be filed within 30 days. The Appeal was filed on

09.08.2021 and it was refiled on 02.09.2021.

3. Hon'ble Supreme Court in Suo Motu Writ Petition 3 of 2020 vide order

dated 08.03.2021 directed that in computing the period of limitation for any

Company Appeal (AT) (Ins) No. 704 of 2021 2

suit, appeal or application the period from 15.03.2020 till 14.03.2021 shall

stand excluded. Subsequently, Hon'ble Supreme court vide order dated

27.04.2021 directed that the period from 14.03.2021 till further order shall

stand excluded in computing the period of limitation. Thus, the Appeal is

within limitation.

4. On the other hand, Ld. Counsel appearing on behalf of the Respondents

vehemently opposes the Application and submits that the Hon'ble Supreme

court has passed the order to benefit of vigilant litigants who were prevented

due to pandemic and lockdown from initiating proceeding within a period of

limitation prescribed by General or Special law as held by the Hon'ble Supreme

Court in Sagufa Ahmad & Ors. Vs. Upper Assam Plywood Products Pvt. Ltd. &

Ors. Civil Appeal Nos. 3007 - 3008 of 2020.

5. This Appellate Tribunal was not closed from 13.03.2020 to 09.08.2021.

The Appellant has not shown any sufficient cause for not filing the Appeal

within limitation, therefore, the Application is liable to be dismissed.

6. After hearing Ld. Counsel for the parties we have considered the facts of

this case in the light of the Judgment of Hon'ble Supreme court. The impugned

order was passed on 13.03.2020 and the Appeal is filed on 09.08.2021 and

refiled on 02.09.2021.

7. Hon'ble Supreme Court vide order dated 23.03.2020 in Re: Cognizance

for extension of limitation Suo Motu Writ Petition (C) No. 3 of 2020 extended

the period of limitation prescribed under the general law or special law w.e.f

15.03.2020 till further orders. Thereafter, in the same Writ Petition Hon'ble

Supreme Court vide order dated 08.03.2021 directed that in computing the

period of limitation for any suit, appeal and application or proceeding the

Company Appeal (AT) (Ins) No. 704 of 2021 3

period from 15.03.2020 till 14.03.2021 shall stand excluded and also granted

a grace limitation period of 90 days from 15.03.2021.

8. Hon'ble Supreme court on 27.04.2021 again restored the order dated

23.03.2020 and in continuation of the order dated 08.03.2021 directed that

the period of limitation as prescribed under any general or special laws in

respect of judicial or quasi-judicial proceeding whether condonable or not shall

stand extended till further orders.

9. With the aforesaid, it is apparent that if the prescribed period of

limitation is expired after 15.03.2020 then the prescribed period of limitation

is extended till further orders.

10. Thus, we are of the opinion that the Appeal is filed within prescribed

period of limitation as Hon'ble Supreme Court extended the period of

prescribed limitation.

Thus, the Application I.A. No. 1870 of 2021 is disposed of.

Let the matter be fixed for admission and consideration of I.A. No. 1868

of 2021 on 21st October, 2021.

[Justice Jarat Kumar Jain] Member (Judicial)

[Dr. Alok Srivastava] Member (Technical)

sc/gc/

Company Appeal (AT) (Ins) No. 704 of 2021

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