Plea Says NCLAT Considers Only Physical Filing For Computing Limitation, Delhi High Court Asks Tribunal To Consider Prevalent Position On E-Filing

The Delhi High Court has asked the National Company Law Appellate Tribunal (NCLAT) to consider the prevalent position with regard to e-filing of documents across courts and tribunals in the country, while disposing of a petition which sought quashing of the order that requires physical filing of documents before the tribunal for the purpose of computation of limitation.

As per an office order issued by NCLAT on October 21, it is mandatory for lawyers and parties to file case documents in hard copy along with e-filing receipt. It further states that the period of limitation shall be computed from the date of presentation of appeals i.e. physical filing. 

"Suffice it to observe that the prevalent position with regards to e-filing of documents across Courts and Tribunals in the country, encouraging e-filing, which may become the norm in the future, would duly be taken into consideration by the Tribunal," Justice Prathiba M Singh said.

The court was dealing with a plea filed by Power Infrastructure India, which has filed an appeal before the NCLAT in a matter.

As per Section 61 of the Insolvency and Bankruptcy Code, 2016, an appeal against an order passed under Section 419(5) of the Companies Act, 2013 can be filed before the NCLAT within a period of thirty days. However, the said thirty-day period can be extended by another 15 days, if there is sufficient cause.

The maximum limitation period for the petitioner's appeal expired on November 12. Though it e-filed the appeal on November 11 - which was a Friday, the physical filing was done only on Monday, November 14. 

Since the petitioner apprehended that its appeal may be dismissed on the ground of delay, it challenged the office order which says only physical filing will be considered for computation of limitation. 

Justice Singh said since the matter is pending adjudication before the NCLAT, which is a duly constituted Tribunal under Section 410 of the Companies Act, 2013, the court does not wish to give any opinion on the factual issue - whether the appeal was within limitation period or not.

However, the court said the NCLAT may take into consideration the prevalent position with regard to e-filing. "With these observations, the petition, and all pending applications, is disposed of leaving the Petitioner's remedies open, in accordance with law, upon the decision being taken by the NCLAT," it added.

Title: POWER INFRASTRUCTURE INDIA v. UNION OF INDIA & ORS.

Citation: 2022 LiveLaw (Del) 1159

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