2020 (1) TMI 1424

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....hort the 'I&B Code') against Vaayu Infrastructure LLP. ('Corporate Debtor') before the Adjudicating Authority (National Company Law Tribunal), Mumbai Bench, which, by impugned order dated 30th August, 2019 admitted the Application. The Appellant, Partner of Vaayu Infrastructure LLP ('Corporate Debtor') moved before the Hon'ble High Court of Judicature at Mumbai in Writ Petition (Lodging) No.3498 of 2019, wherein the following order was passed "1. Heard both sides. On instructions, Mr. Nankani, learned Senior Advocate appearing for the petitioner, seeks leave to withdraw the Writ Petition with liberty to file an appeal before the NCLAT (National Company Law Appellate Tribunal) and to raise all contentions therei....

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....rt which, from defect of jurisdiction or other cause of a like nature, is unable to entertain it. (3) Notwithstanding anything contained in rule 2 of Order XXIII of the Code of Civil Procedure, 1908 (5 of 1908), the provisions of sub-section (1) shall apply in relation to a fresh 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 fail 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 bo....

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....ication, other than an application under any of the provisions of Order XXI of the Code of Civil Procedure, 1908 (5 of 1908), may be admitted after the prescribed period, if the appellant or the applicant satisfies the court that he had sufficient cause for not preferring the appeal or making the application within such period. Explanation.-- The fact that the appellant or the applicant was misled by any order, practice or judgment of the High Court in ascertaining or computing the prescribed period may be sufficient cause within the meaning of this section." 6. In this background, learned Counsel for the Appellant requested to extend the prescribed period under Section 5 of the Limitation Act for the reasons recorded above. 7....