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2020 (1) TMI 1424 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHIMaintainability of petition - permission for withdrawal of petition - exclusion the period under Section 14 of the Limitation Act, 1963 - HELD THAT:- Section 14 of the Limitation Act relates to exclusion of time of proceeding bona fide in court without jurisdiction, but it relates to period of limitation for any suit the time during which the plaintiff had been prosecuting with due diligence another civil proceeding. The other provision of Section 14 of the Limitation Act cannot be made applicable in this Appeal preferred under Section 61 of the I&B Code - If we apply the provision of Section 5 of the Limitation Act, this Appellate Tribunal has the power to admit an Appeal after the prescribed period, if the Appellant satisfies this Appellate Tribunal that he had sufficient cause for not preferring the Appeal within such period - Section 238 of the Code makes it clear that the provision of the Code will override other laws. Therefore, Section 61(2) will override Section 5 of the Limitation Act. As the Appeal is filed after 30 days and beyond 15 days thereafter, i.e., after 45 days of the date of the receipt/ knowledge of the order, there are no jurisdiction to entertain the Appeal. Appeal disposed off.
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