The judgment was passed while dismissing two interlocutory applications (IAs) that had opposed the maintainability of an appeal filed before the NCLAT.
The applicant who filed the IAs argued that the limitation period within which the appeal should have been filed expired on September 27, 2023 and that the defect-free appeal was filed only on January 16, 2024.
The appellant countered that the appeal was e-filed on September 25, 2023, albeit with some defects that were eventually cured.
The applicants argued that the September 25 filing cannot be accepted as the date of filing the appeal since it was not accompanied by a vakalatnama, or the challenged order, or any notarised affidavit.
Further the said appeal was not in prescribed format, the applicant added. Rather, the September 25 filing was only a “bunch of papers” which cannot be viewed as the date of filing the appeal for the purpose of limitation, the applicant said.
The applicant also cited a similar view expressed by the Delhi High Court in the case of IRCON International Ltd. vs. Reacon Engineers (India) (P) Ltd.
The NCLAT, however, disagreed after noting that the High Court’s judgment was based on a rule that was applicable specifically to the High Court.
“It is relevant to notice that judgment of the Delhi High Court … were delivered in context of specific rule applicable in the Delhi High Court namely – Rule 5 of Delhi High Court Rules effective from w.e.f 01.12.2018,” the NCLAT observed.
The appellate tribunal proceeded to dismiss the IAs and post the main appeal for hearing on August 22.
Source: Barandbench
