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The SC set aside the impugned order and allowed the appeal, holding that the respondent's appeal was barred by limitation due to defective filing. The respondent e-filed the appeal with delay, without seeking condonation or exemption from submitting a certified copy of the impugned order as mandated under Rule 22(2) of the NCLAT Rules. The Court emphasized that while Rule 14 permits discretionary waiver in the interest of substantial justice, it does not confer an automatic right to dispense with procedural compliance, especially where no timely efforts are made. The NCLAT erred in ignoring these procedural deficiencies and the limitation defense raised by the appellant, thereby exceeding its jurisdiction. Proper institution of the appeal in strict conformity with statutory requirements is peremptory, and failure to do so renders the appeal non-maintainable.
The SC set aside the impugned order and allowed the appeal, holding that the respondent's appeal was barred by limitation due to defective filing. The respondent e-filed the appeal with delay, without seeking condonation or exemption from submitting a certified copy of the impugned order as mandated under Rule 22(2) of the NCLAT Rules. The Court emphasized that while Rule 14 permits discretionary waiver in the interest of substantial justice, it does not confer an automatic right to dispense with procedural compliance, especially where no timely efforts are made. The NCLAT erred in ignoring these procedural deficiencies and the limitation defense raised by the appellant, thereby exceeding its jurisdiction. Proper institution of the appeal in strict conformity with statutory requirements is peremptory, and failure to do so renders the appeal non-maintainable.
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