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    <title>2024 (12) TMI 1622 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL PRINCIPAL BENCH, NEW DELHI (LB)</title>
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    <description>Section 14 of the Limitation Act, 1963 permits exclusion of time only where the earlier proceeding was prosecuted with due diligence and good faith before a forum lacking jurisdiction or suffering from a similar defect. Where the prior appeal was filed in a competent forum and dismissed on merits as not maintainable, the statutory conditions for exclusion were not met. The contention that limitation should run only from the upload date of the impugned order was also rejected because the order had been pronounced in open court. On that basis, the delay was not condonable and the appeal could not proceed.</description>
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      <description>Section 14 of the Limitation Act, 1963 permits exclusion of time only where the earlier proceeding was prosecuted with due diligence and good faith before a forum lacking jurisdiction or suffering from a similar defect. Where the prior appeal was filed in a competent forum and dismissed on merits as not maintainable, the statutory conditions for exclusion were not met. The contention that limitation should run only from the upload date of the impugned order was also rejected because the order had been pronounced in open court. On that basis, the delay was not condonable and the appeal could not proceed.</description>
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