Conduct Of Litigant Can’t Be Considered Bonafide When Fresh Order Is Challenged In Re-Filed Appeal After Curing Defects: NCLAT

The National Company Law Appellate Tribunal (NCLAT) New Delhi bench of Justice Ashok Bhushan (Judicial Member), Mr. Barun Mitra (Technical Member) and Mr. Arun Baroka (Technical Member) has held that the conduct of the litigant cannot be considered bona fide when an appeal, re-filed after rectification of defects, challenges a new order different from the one challenged in the original appeal. Therefore, the benefit under Section 14 of the Limitation Act cannot be granted to exclude the time spent in prosecuting the earlier proceedings.