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2023 (8) TMI 1466 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHICondonation of delay in filing the appeal - delay of 38 days beyond the expiry of limitation - application u/s 7 has been dismissed as non-maintainable - HELD THAT:- The present is a case where it cannot be held that the application filed for restoration was in a wrong forum which could not be decided for the defect of jurisdiction or of like nature. Conditions as contemplated u/s 14 are not attracted to extend the benefit u/s 14 to the Appellant. The judgement of Hon’ble Supreme Court in Sesh Nath Singh & Anr. Vs. Baidyabati Sheoraphuli Co-operative Bank Ltd. & Anr. [2021 (3) TMI 1183 - SUPREME COURT] was a case where the benefit was extended u/s 14 of the Limitation Act with regard to period during which writ petition was pending challenging the proceedings under SARFAESI Act. Hon’ble Supreme Court in the said judgement has taken the view that the benefit of the proceedings could have been extended for the purpose - It was held that since SARFAESI proceedings which were stayed by the High Court which proceedings by the Cooperative Bank were without jurisdiction due to which the Financial Creditor was unable to proceed further under the SARFAESI Act - The facts of the case Sesh Nath Singh & Anr. are entirely different and are not attracted in the present case. The Appellant has placed reliance on another judgement of the Hon’ble Supreme Court in M/s Laxmi Srinivasa R and P Boiled Ricel Mill Vs. The State of Andhra Pradesh & Anr. [2022 (12) TMI 822 - SUPREME COURT] In the case before the Supreme Court, the writ petition was filed in High Court and thereafter proceedings were initiated and the appeal was filed before the Appellate Tribunal for exclusion of the period. The Hon’ble Supreme Court directed the Appellate Authority to examine the appeal on merits - The above case was again the case where benefit of section 14 was allowed due to the proceedings of writ petition, which was held has not maintainable. The facts of the said case are also entirely different. Appellant is not entitled to the benefit of Section 14 of the Limitation Act - the jurisdiction to condone the delay is limited to only 15 days - the prayer to condone the delay of 38 days beyond the expiry of limitation cannot be accepted. The application for condonation of delay is rejected.
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