Certified-copy application defect curing can be excluded from limitation time, keeping filings within time and supporting condonation.

For limitation purposes, a certified-copy application is treated as filed on its initial presentation, even if court fee is initially deficient and later cured. Where the copy is processed only after the defect is removed, the period spent curing that defect forms part of the time requisite for obtaining the copy and is excludable under Section 12(2) of the Limitation Act, 1963. On that basis, the adjusted filing was within limitation in one matter, and the short delay in the connected matters was condoned, allowing the appeals to proceed.

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Issues: Whether the period taken between filing an application for certified copy with deficient court fee and subsequent curing of the defect is excludable as time requisite for obtaining the copy under Section 12(2) of the Limitation Act, 1963, and whether the appeals were therefore within limitation or liable to condonation of delay.

Analysis: The application for certified copy was filed on the date first presented, and the later removal of the deficiency in court fee did not change that date of presentation. Under the NCLT Rules, 2016, an application includes an application for certified copy, fee is a recognized component of such application, and defective filings are to be cured in the manner provided by Rule 28. The relevant enquiry was therefore whether the time consumed in curing the defect formed part of the time requisite for obtaining the copy. On the facts, the defect was cured and the copy was processed only thereafter, so the full period from the original application until delivery of the certified copy was treated as excludable. Once that period was excluded, one appeal was within limitation and the remaining appeals were only short-delayed, warranting condonation.

Conclusion: The entire period from the initial certified-copy application until delivery of the copy was excludable under Section 12(2) of the Limitation Act, 1963. The appeal filed within the adjusted period was in time, and the short delay in the companion appeals was rightly condoned.

Final Conclusion: The appeals were permitted to proceed, with the delay issue decided in favour of the appellants and no final adjudication on the merits.

Ratio Decidendi: For purposes of limitation, a certified-copy application is treated as filed on its initial presentation, and the time consumed in curing a procedural defect in that application can constitute the time requisite for obtaining the copy and be excluded under Section 12(2) of the Limitation Act, 1963.

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