Section 13 of the Commercial Courts Act, 2015 – Powers to condone delay
By the judgment and order dated 6.5.2022, the suit of the plaintiff for recovery of Rs.1,70,16,342/- was dismissed.
There was delay of 156 days in filing commercial appeal.
HELD that the Law of Limitation is enshrined in the legal maxim interest reipublicae ut sit finis litium (it is for the general welfare that a period be put to litigation). Rules of limitation are not meant to destroy the rights of the parties, rather the idea is that every legal remedy must be kept alive for a legislatively fixed period of time. In view of provisions of Section 29 of the Limitation Act of 1963, it has to be inferred on plain reading of Section 13 of the CC Act of 2015 that the powers to condone delay can be exercised even in absence of expression provisions in the Limitation Act.
Sub-section (2) of Section 29 of the LA of 1963 prompts that provisions of Sections 4 to 24 thereof shall be attracted if the powers about application of Limitation Act is not prescribed in the principal statute of Commercial Courts Act
Order dated 19.6.2024 of the Division Bench of the Bombay High Court in Civil Application (O) No.705 of 2023 in Commercial Appeal Stamp No.21998 of 2022 of CEAT Limited Vs. Viren Mishra
