Limitation act
rahul singh
(Querist) 25 June 2017
This query is : Resolved
whether section 4 of Limitation Act shall be applicable even if the office of Tribunal accepts filing during the court vacations even without urgency.
Dr J C Vashista
(Expert) 26 June 2017
Law of limitation is same for/during normal working days and/or vacation of the Court/Tribunal hearing the case.
rajeev sharma
(Expert) 26 June 2017
Mr Rahul you use such a telegraphic language for your queries that no appropriate answer may be given. By the way i agree with opinion of Mr Vashista
rahul singh
(Querist) 26 June 2017
Mr. Vashista, requesting you to peruse section 4. This provision is slightly different. Shall request your say after the perusal.
P. Venu
(Expert) 26 June 2017
Please post the complete facts.
Sankaranarayanan
(Expert) 26 June 2017
Your query is seems academic come with the real facts of the case will be helpful to give our suggestion
rahul singh
(Querist) 26 June 2017
Actually the application is pending before NCLT , plea of limitation is taken by me. The limitation period has surpassed 2 days which happened to be vacation. The other side has filed application on the first day of reopening of tribunal. The other side has taken Defence of sec 4 of limitation Act. My Defence is that sec 4 is not applicable for 2 reasons.
1. It's applicable to civil court and not tribunal.
2. Registrar of NCLT was accepting filing during time of vacation and hence sec 4 cannot assist.
Please give suggestion and or some judgment which says that if registrar accepts filing during vacation with out any condition than sec 4 is not applicable.
Rajendra K Goyal
(Expert) 26 June 2017
Full case file need to be referred, discuss in detail with some senior lawyer and have second opinion.
rajeev sharma
(Expert) 27 June 2017
Dear Rahul Narration of facts helps in understanding the problem. Sec 433 of Companies act provides that provisions of Limitation Act shall apply to proceedings before NCLT. Sec four of Limitation Act states 4. Expiry of prescribed period when court is closed.—Where the prescribed period for any suit, appeal or application expires on a day when the court is closed, the suit, appeal or application may be instituted, preferred or made on the day when the court reopens. Explanation.— A court shall be deemed to be closed on any day within the meaning of this section if during any part of its normal working hours it remains closed on that day. The word used is court not the office of court the office of registrar may be open and may be accepting filing of document but the court was closed and not working hence in my opinion the Tribunal may not treat the application as filed with delay
