Digi - Legal Insights

After excluding 28 days for obtaining certified copy, appeal remains 8 days late, indicating a clear error in Appellate Courts jurisdiction in condoning delay in filing appeal.

Impugned judgments and decrees would not require any interference, as both Courts have rightly held that suit for possession filed on 29th June 1987 based on title is well within limitation.

Respondents are not protected licensees and therefore, lawsuit filed in 1991 is within limitation period thus, appeal Courts assertion that suit was barred by limitation was incorrect.

Condonation of delay in filing appeal under IBC - Limitation for appeal under Section 61(2) of IBC runs from date of uploading of NCLT order, and delay without sufficient cause cannot be condoned.

MSMED Act - Limitation Act not applicable to conciliation under Section 18(2) - Time-barred claims can be referred for conciliation - Limitation applies only to arbitration under Section 18(3) - Appeals partly allowed.

Issue of limitation  - Limitation being a mixed question of law and fact cannot be decided as a preliminary issue under Section 9A CPC, and evidence recorded on it must be retained for consideration at final adjudication.

Limitation for appeal in Commercial Matters - Runs from pronouncement of judgment, and negligent inaction in obtaining certified copy bars condonation of delay under Section 5 of the Limitation Act.