Digi - Legal Insights

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.