TaxTMI 
TaxTMI 
2024 (12) TMI 1622
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....: Mr. Mohit N. Mr. Dolly Bhati, Mr. Abhishek Goswami, Advocates for R-1 CMA S.K. Bhatt and CMA Kamal Deep Tyagi, Advocates for R-2. ORDER HYBRID MODE I.A. No. 8330 of 2024 This is an application praying for condonation of 12/163 days delay in filing the Appeal. The order impugned was passed on 03.05.2024 against which an appeal was filed by the CD being Company Appeal (AT)(Ins) No. 1086 of 2024 on 22.05.2024 which came to be dismissed by this Tribunal on 16.10.2024. The present appeal has been e-filed on 12.11.2024 by the Suspended Director of the Corporate Debtor challenging the same order. 2. Learned Counsel for the Appellant prays for condonation of delay. It is submitted that the period during which the Appeal No.&....
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....sion of time of proceeding bona fide in a court without jurisdiction. On analysis of the said Section, it becomes evident that the following conditions must be satisfied before Section 14 can be pressed into service: (1) Both the prior and subsequent proceedings are civil proceedings prosecuted by the same party; (2) The prior proceeding had been prosecuted with due diligence and in good faith; (3) The failure of the prior proceeding was due to defect of jurisdiction or other cause of like nature; (4) The earlier proceeding and the latter proceeding must relate to the same matter in issue and; (5) Both the proceedings are in a court. The policy of the Section is to afford protection to a....
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.... procedure. Having regard to the intention of the legislature this Court is of the firm opinion that the equity underlying Section 14 should be applied to its fullest extent and time taken diligently pursuing a remedy, in a wrong court, should be excluded. 19. To attract the provisions of Section 14 of the Limitation Act, five conditions enumerated in the earlier part of this Judgment have to co-exist. There is no manner of doubt that the section deserves to be construed liberally. Due diligence and caution are essentially pre-requisites for attracting Section 14. Due diligence cannot be measured by any absolute standards. Due diligence is a measure of prudence or activity expected from and ordinarily exercised by a reasonable and ....
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....d by the learned Civil Judge (Senior Division), Chitradurga, the appellant had presented the application for setting aside the award before the learned District Judge, Chitradurga. Before the learned District Judge, Chitradurga an objection was raised by the respondent that the application was not maintainable before the said court and that the application was maintainable before the learned Judge, City Civil Court, Bangalore. The District Judge, Chitradurga by an order dated February 3, 2003 held that it had no jurisdiction to entertain the application submitted by the applicant and accordingly returned the application for presentation before the appropriate court. The question of jurisdiction was seriously contested between the parties no....
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....s liable to be set aside and is hereby set aside. We, therefore, hold that the appellant had prosecuted the matter in other courts with due diligence and in good faith and, therefore, is entitled to claim exclusion of time in prosecuting the matter in wrong courts. Therefore, the appeal arising from SLP(C) No. 15619 of 2005 will have to be allowed." 5. When we look into the present appeal which was initiated by the Corporate Debtor in the Appellate Tribunal the proceeding were initiated in competent court and the earlier proceedings were decided on merits and appeal was dismissed as not maintainable. The Appeal was not dismissed due to want of defect of jurisdiction or other cause of like nature. Learned Counsel for the Appellant ha....