2023 (8) TMI 1466

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ble 2. This appeal has been e-filed on 01.03.2023. There is a delay of 38 days. The application is filed for condonation of delay. Shri Javed Khan appearing for Appellant submits that after the order dated 22.12.2022, restoration application no. 24/2023 was filed which could be disposed of as withdrawn on 13.02.2023 which application was filed on 18.01.2023. Hence, the period from 18.01.2023 to 13.02.2023 be excluded by giving the benefit of Section 14 of Limitation Act. 3. Learned Counsel for the Appellant has placed reliance on the judgement of Hon'ble Supreme Court in Sesh Nath Singh & Anr. in Civil Appeal No. 9198 of 2019 Vs. Baidyabati Sheoraphuli Co-operative Bank Ltd. & Anr. and the judgement of this Tribunal in IA no. 2315/2023 in....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....se, the proceedings under the SARFAESI Act may not have formally been terminated. The proceedings have however been stayed by the High Court by an interim order, on the prima facie satisfaction that the proceedings initiated by the financial creditor, which is a cooperative bank, was without jurisdiction. The writ petition filed by the Corporate Debtor was not disposed of even after almost four years. The carriage of proceedings was with the Corporate Debtor. The interim order was still in force, when proceedings under Section 7 of the IBC were initiated, as a result of which the Financial Creditor was unable to proceed further under SARFAESI Act." 5. It was held that since SARFAESI proceedings which were stayed by the High Court which pro....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....C are still within limitation of three years." 6. The facts of the case Sesh Nath Singh & Anr. are entirely different and are not attracted in the present case. 7. Coming to the judgement of this Tribunal in Vikram Bhawanishankar Sharma which was a case where appeal was filed with delay in this Tribunal and delay was caused due to the reason that after the order of the Adjudicating Authority, the Appellant had filed a writ petition in Punjab and Haryana High Court on the ground that there being the winter vacation of the Appellate Tribunal, the Court is closed. The High Court passed an interim order and permitted the Appellant to withdraw the writ petition to file an appeal. In the said circumstances this Tribunal held that the Appellant ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....nditions stipulated in Section 14 have to be satisfied. In the facts of the present case, we find that the period from the date of filing of the writ petition on 24.02.2018 and the date on which it was dismissed as not entertained viz. 07.03.2018, should have been excluded. The writ proceedings were maintainable, but not entertained. Bona fides of the appellant in filing the writ petition are not challenged. Further, immediately, after the dismissal of the writ petition, the appellant did file an appeal before the Appellate Authority. On exclusion of the aforesaid period, the appeal preferred by the appellant would within the condonable period. Accordingly, we direct that the application for condonation of delay filed by the appellant wou....