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Judicial Restraint / Judicial Adventurism

Limitation Act, 1963 (36 of 1963), S. 14(2) – Expression ‘Court’ –  Keeping in mind the scope and ambit of proceedings under the IBC before the NCLT/NCLAT, the expression ‘Court’ in Section 14(2) would be deemed to be any forum for a civil proceeding including any Tribunal or any forum under the SARFAESI Act.

NDPS Act  S. 42 – Non Compliance – While delayed compliance was acceptable, however, where there was a total non compliance – Accused ought to be granted the concession of regular bail

Limitation – When stakes are high, the explanation should not be rejected by taking a pedantic and hyper technical view of the matter, causing thereby irreparable loss and injury to the party against whom the lis terminates – 

Limitation Act, S. 14 – The substantive provisions of Sub-sections (1), (2) and (3) of Section 14 do not say that Section 14 can only be invoked on termination of the earlier proceedings, prosecuted in good faith – Section 14 excludes the time spent in proceeding in a wrong forum, which is unable to entertain the proceedings for want of jurisdiction, or other such cause.

IBC S. 238A – Limitation – We see no reason why Section 14 or 18 of the Limitation Act, 1963 should not apply to proceeding under Section 7 or Section 9 of the IBC – Section 238A of the IBC makes the Limitation Act applicable to proceedings in NCLT/NCLAT ‘as far as may be’ and/or in other words, to the extent they may be applied

Comments 1

  1. Dr T R Rawat says:

    Correct decision of hon. Court. High courts sometimes goes like a Supreme power, which shall be suppressed and the judges shall be kept under disciplinary action as they violates very fundamental principle of constitution.

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