TMI Blog2021 (12) TMI 909X X X X Extracts X X X X X X X X Extracts X X X X ..... te. Mr. Dhanshyam Patel, Liquidator in person JUDGEMENT [ Anant Bijay Singh (J) ] 1. The Interlocutory Application No. 1590 of 2020 had been filed under Section 14 of the Limitation Act, 1963 in Company Appeal (AT) (Ins.) No. 599 of 2020 by the Appellant herein. 2. Appellant had preferred this Appeal bearing Company Appeal (AT) (Ins.) No. 599 of 2020 which was filed under Section 61 of the I BC vide Diary No. 20044 on 19.03.2020 being aggrieved and dissatisfied by the Impugned Order dated 13.12.2019 passed by the Learned Adjudicating Authority (National Company Law Tribunal, Mumbai Bench) in MA 2811/ 2019 in C.P. (IB)- 10(MB)/ 2018. 3. In I.A No. 1590 of 2020 the Applicant had mentioned the fact that the Appellant herein Ketann Anant Raj filed a Writ Petition (ST) No. 31546 of 2019 before the High Court of Judicature at Bombay Civil Appellate Jurisdiction and order was passed on 20th December, 2019, which is as hereunder:- 1.This petition was placed before us after the urgent mentioning. We allowed the petitioner's advocate to move this matter in our chambers on the last working day only when she stated that she is ready and willing to serve the contes ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... filed by the Appellant i.e. Erstwhile Directors of the Corporate Debtor was not maintainable as it is ex-facie barred by limitation as it will be demonstrated from the facts mentions below: - 4. The Liquidator/Respondent No. 1 states that, the impugned order was passed by the Hon'ble NCLT, Mumbai Bench on 13.12.2019 and the instant appeal is preferred by the Appellants in the month of March 2020, which clearly demonstrates that the instant appeal is filed beyond the timelines as prescribed under section 61 of the Code which reads as under: Section 61: Appeals and Appellate Authority: (1) Notwithstanding anything to the contrary contained under the Companies Act 2013, any person aggrieved by the order of the Adjudicating Authority under this part may prefer an appeal to the National Company Law Appellate Tribunal. (2) Every appeal under sub-section (1) shall be filed within thirty days before the National Company Law Appellate Tribunal: Provided that the National Company Law Appellate Tribunal may allow an appeal to be filed after the expiry of the said period of thirty days if it is satisfied that there was sufficient cause for not filing the appeal but ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... resh suit instituted on permission granted by the court under rule 1 of that Order where such permission is granted on the ground that the first suit must fit by reason of a defect in the jurisdiction of the court or other cause of a like nature, Explanation. - For the purposes of this section- (a) in excluding the time during which a former civil proceeding was pending, the day on which that proceeding was instituted and the day on which it ended shall both be counted; (b) a plaintiff or an applicant resisting an appeal shall be deemed to be prosecuting a proceeding; (c) misjoinder of parties or of causes of action shall be deemed to be a cause of a like nature with defect of jurisdiction, As seen from the above, before granting any reliefs in terms of section 14 of Limitation Act, 1963, the Hon'ble Appellate Tribunal may be pleased to satisfy itself as to whether he proceedings under the said Writ Petition were been prosecuted by the appellants with due diligence and in good faith. 7. At this juncture, Liquidator/ Respondent No. 1 humbly submits that the Appellants filed the proceeding/ Writ Petition before the Hon'ble Bombay High Court with utmost dis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 12.2019 the Hon'ble High Court had denied any ad interim relief to the Appellants and had held that In these circumstances, we do not think that this is a fit case for grant of any ad-interim order. The ad-interim order is refused . Copy of the Order dated 20.12.2019 passed by the Hon'ble Bombay High Court is annexed herewith marked as Annexure - B . From the above, it is crystal clear that as no reliefs were granted by the Hon'ble Bombay High Court, hence nothing prevented the appellants from approaching this Appellate Tribunal. However, the Appellants deliberately chose to keep the Writ Petition hanging and are now trying to take shelter u/s 14 of Limitation Act. This clearly cannot be said to be a diligent act of the appellant instead it is a sheer portrayal of negligent and reckless attitude. b) Thirdly, it is stated that the Appellants has approached the Bombay High Court for urgent reliefs under the pretext of winter vacations of this Hon'ble Appellate Tribunal. However, it is a matter of fact that the winter vacations of this Hon'ble Tribunal ended on 1st January 2020. As the Bombay High Court vide its order dated 20.12.2019 had also refused to gr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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