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2022 (11) TMI 1155 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL , CHENNAISeeking to exclude the period from 25.01.2022 till 22.06.2022 (147 Days) in computing the Period of Limitation - seeking direction from the Adjudicating Authority, (National Company Law Tribunal, Kochi Bench, Kerala), to add the personal properties of the Petitioners / Appellants, into the Liquidation Estate of the Corporate Debtor - sufficient cause for delay or not. HELD THAT:- This Tribunal, pertinently points out that the Legislature, has enacted Section 14 of the Limitation Act, 1963, to exempt a particular / certain period, covered by a Bonafide Litigious Activity. Inherently, there is an element of Mistake, in the invocation of Section 14 of the Limitation Act, 1963. As a matter of fact, in extending the benefit of the ingredients of Section 14 of the Limitation Act, 1963, to a Party / Litigant, the Tribunal, is to see whether the conduct will satisfy the test of prosecuting a Given Proceeding in a Good faith and Due diligence. In short, if a Good faith is established, Section 14 of the Limitation Act, 1963, can be pressed into service, in the considered opinion of this Tribunal. It is significantly pointed out by this Tribunal that the period of Limitation for filing a Suit / Appeal, is fixed by Law / Statute / Code and ordinarily, it cannot be deemed to be excluded or extended, automatically or as a matter of routine. The Petitioners / Appellants have indulged in Bonafide Litigious Activity, in preferring the petition, before the Hon’ble High Court of Kerala, this Tribunal, by construing the ingredients of Section 14 of the Limitation Act 1963, in a liberal manner and by applying Equity, permits the exclusion of period from ₹ 25.01.2022 till 22.06.2022 (147 days), in computing the Period of Limitation - application disposed off.
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