Limitation as a Statutory Bar NCLAT Declines to Dilute the Rigid Timeline under Section 42 of the IB
By J the App
Executive Summary
In a decisive ruling, the NCLAT Chennai examined whether delay in filing an appeal under Section 42 of the Insolvency and Bankruptcy Code, 2016 could be condoned by invoking Section 5 of the Limitation Act through Section 238A of the Code.
The Tribunal categorically held that Section 42 prescribes a strict 14-day limitation period which is self-contained and does not permit extension.
Rejecting arguments based on pendency of related proceedings and alleged bona fides, the NCLAT upheld the dismissal of the appeal as time-barred, reinforcing the primacy of statutory timelines in insolvency proceedings.
The appeal before the National Company Law Appellate Tribunal, Chennai Bench, arose from an order dated 04.09.2024 passed by the NCLT Hyderabad Bench in IA No. 1748/2024. T...
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