Insolvency and Bankruptcy Code, 2016:
ss. 10, 61, 238A – Proceedings or appeals before the
adjudicating Authority, appellate tribunal etc – Application of
Limitation Act – On facts, application u/s. 10 by Corporate Debtor
for initiation of Corporate Insolvency Resolution Process –
Successively five Form G notified – Resolution applicant-KIAL
submitted Resolution Plan (RP) within the stipulated time and
resolution applicant-Kalpraj submitted plan after the stipulated time
– Objection raised by KIAL – Subsequently on direction by
Committee of Creditors (CoC), submission of revised plan by KIAL
and Kalpraj – Thereafter, approval of revised plan submitted by
Kalpraj – KIAL challenged the approval of Kalpraj’s Resolution
Plan before NCLT – Plan of Kalpraj approved by NCLT – Thereafter,
KIAL filed Writ Petition before the High Court which was dismissed
on the ground of alternate remedy – KIAL then filed appeal before
NCLAT which was allowed, rejecting Kalpraj submission that appeal
were filed beyond the limitation period prescribed in IBC – On
appeal, held: Provisions of s. 14 of the Limitation Act are available
to KIAL – Applying the principles underlying s. 14, KAIL entitled to
exclusion of the period during which it was bona fide prosecuting
a remedy before the High Court in good faith and with due diligence,
thus, the appeals filed before NCLAT within the limitation – Though
an alternate remedy was available to it, it was approaching the
High Court since the issue with regard to functioning of NCLT also
fell for consideration – High Court dismissed the writ petition
relegating KIAL to an alternate remedy available in law – High
Court could have exercised extra-ordinary jurisdiction u/Art. 226
inasmuch as, the grievance was regarding procedure followed by
NCLT to be in breach of principles of natural justice – Limitation
Act, 1963 – s. 29(2) – Constitution of India – Art. 226.