NCLAT Issues Directions For Computation Of Limitation In Filing Of Appeals

Background

The Rule 22 of the NCLAT Rules, 2016 provides for "Presentation of appeal", which is to be made at the filing counter of the NCLAT. As per Rule 103 of the NCLAT Rules, 2016, NCLAT has also permitted filing of the Appeal or proceedings through electronic mode (e-filing). Standard Operating Procedure (SOP) dated 03.01.2021 regarding e-filing provides:

"It may be noted that it is mandatory that Ld. Advocates/ Authorised Representatives/ Parties-in-Person shall file the Appeal/Interlocutory Application/Reply/ Rejoinder etc. in hard copy also as per the procedure prescribed in NCLAT Rules, 2016 along with the e-filing receipt. The online filing & hard copies must match with proper pagination. The Court Fee shall be paid through Bharat Kosh (https://bharatkosh.gov.in ) and the payment receipt should be attached."

However, the NCLAT SOPs and directions do not contain any direction with regard to computation of limitation, whether limitation is to be computed from the date of e-filing of the Appeals or from the date when Appeals are presented before the NCLAT as per Rule 22.

Directions For Computation Of Limitation

In exercise of powers under Rule 104 of NCLAT Rules the following directions have been issued by the Competent Authority for computation of limitation while filing an appeal:

6. "The period of limitation shall be computed from the date of presentation of Appeal as per Rule 22 of the NCLAT Rules, 2016.
7. The requirement of filing Appeals by electronic mode shall continue along with mandatory filing of the Appeals as per Rule 22 of the NCLAT Rules, 2016.
8. This order will be effective with effect from 1st November, 2022. All concerned shall ensure that Appeals are presented as per Rule 22 of the NCLAT Rules, 2016 within the period of limitation at the filing counter."

F.No.10/37/2018-NCLAT

Click Here To Read/Download Order