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2022 (7) TMI 202 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL , CHENNAICondonation of delay in filing of Review Application - applicability of ingredients of Section 14 of the Limitation Act, 1963 - Striking off of the name of the Company by the Registrar of Companies - Non filing of annual returns for 15 years - ‘bona fide belief’ - since no business activity for such period - Section 252 (3) of the Companies Act, 2013 - HELD THAT:- This Tribunal relevantly points out that Section 14 of the Limitation Act, 1963 clearly envisages that the Legislature has enacted this Section to exclude a certain period covered by a Bonafide Litigant Activity - However, in the instant case, the Review Application in SR No.949 of 2019 filed by the Applicant / Appellant is not before the Tribunal without jurisdiction, to try the subject matter, in issue. In fact, the Applicant / Appellant has filed the Review Application seeking to annul the order dated 30.03.2021 passed by the Tribunal. A clear cut reading of the Section 14 of the Limitation Act, 1963 unerringly points out that the ingredients of Section 14 of the Limitation Act, 1963 applies only in relation to a matter in which the litigant projects his Application before the ‘Court’ / ‘Tribunal’ having no jurisdiction to entertain it, but also when the Applicant files the Application in certain Court / Tribunal in a wrong forum consequence of a bonafide mistake of Law or defect of Procedure. In view of the fact that Section 14 of the Limitation Act, 1963 applies to the Court / Tribunal whether the exclusion of time bonafide in Court / Tribunal without jurisdiction and in the instant Case, Review Application was filed before the National Company Law Tribunal, Division Bench-II, Chennai to review an earlier order in CA/1458/2018 passed on 30.01.2019, by no stretch of imagination, be said to be Tribunal possessing no jurisdiction, viewed in that light, the invocation of Section 14 of the Limitation Act, 1963 on behalf of the Applicant / Appellant sans merits. Appeal dismissed.
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