NCLAT issues directives for computation of limitations in filing appeals

NCLAT issues directives for computation of limitations in filing appeals

The new rules would be effective from 01 November 2022

The National Company Law Appellate Tribunal (NCLAT) has issued directions for computation of limitation for filing of appeals before it. The limitation period would be calculated from the date of presentation of the appeal as per the National Company Law Appellate Tribunal (NCLAT) Rules, 2016.

The NCLAT Rules provide for the 'Presentation of Appeal' to be made at the filing counter of the tribunal. The appellate tribunal has also permitted the filing of the proceedings through e-filing (electronic mode).

The 03 January 2021 Standard Operating Procedure (SOP) for e-filing states, "It is mandatory that Ld. Advocates/Authorised Representatives/Parties-in-Person shall file the Appeal/Interlocutory Application/Reply/Rejoinder, etc. as a hard copy also as per the procedure prescribed in the 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 about the computation of limitation, whether the limitation is to be computed from the date of e-filing of the appeals or from the date when the appeals are presented before the NCLAT.

Under the rules, the directives are:

"The period of limitation shall be computed from the date of presentation of appeal as per the NCLAT Rules, 2016; the requirement of filing the appeals by electronic mode shall continue along with the mandatory filing of the appeals; the order will be effective from 01 November 2022. All concerned shall ensure that the appeals are presented as per the NCLAT Rules within the period of limitation at the filing counter."