Supreme Court of India

Sagufa Ahmed v Upper Assam Plywood Products Pvt Ltd

AIROnline 2020 SC 731; Civil Appeal Nos. 3007-3008 of 202020201 min read
The case in brief30-second read
Facts
The NCLT, Guwahati dismissed the appellants' winding-up petition on 25 October 2019. The appellants filed an appeal before the NCLAT after the period of limitation and the condonable period had both run, relying on the lockdown and the Supreme Court's suo motu order of 23 March 2020 extending limitation. The NCLAT refused to condone the delay.
Issue
Whether the appellants could rely on S.4 of the Limitation Act, S.10 of the General Clauses Act and the order of 23 March 2020 to extend the condonable period.
Held
The order of 23 March 2020 extended only the period of limitation, not the period up to which delay could be condoned. Under S.4, "prescribed period" means the period of limitation; a period beyond it during which the court has discretion to allow filing is not the prescribed period. The appeals were dismissed.
Principle
'Prescribed period' in S.4 of the Limitation Act means the period of limitation, not the further period within which delay may be condoned
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Facts

  • The NCLT, Guwahati dismissed the appellants' winding-up petition on 25 October 2019. The appellants filed an appeal before the NCLAT after the period of limitation and the condonable period had both run, relying on the lockdown and the Supreme Court's suo motu order of 23 March 2020 extending limitation. The NCLAT refused to condone the delay.

Issue

  1. Whether the appellants could rely on S.4 of the Limitation Act, S.10 of the General Clauses Act and the order of 23 March 2020 to extend the condonable period.

Held

  • The order of 23 March 2020 extended only the period of limitation, not the period up to which delay could be condoned. Under S.4, "prescribed period" means the period of limitation; a period beyond it during which the court has discretion to allow filing is not the prescribed period. The appeals were dismissed.

Ratio decidendi

S.4 extends only the period of limitation to the reopening day; it does not extend a discretionary condonation period.

Exam use

How to use it in an answer

Cite for S.4 and the meaning of "prescribed period".

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Citation

Sagufa Ahmed v Upper Assam Plywood Products Pvt Ltd AIROnline 2020 SC 731; Civil Appeal Nos. 3007-3008 of 2020

Reported: https://indiankanoon.org/doc/105327534/. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.