SC Sets Aside NCLAT Order, Says Portal Failure Cannot Defeat Right To Appeal
New Delhi, Sept. 17 -- The Supreme Court has held that a litigant cannot be denied the right to pursue an appeal solely because e-filing was completed a day beyond the statutory limitation period due to a technical failure in the tribunal's own filing system.
A Bench of Justice Dipankar Datta and Justice Sheel Nagu set aside a National Company Law Appellate Tribunal (NCLAT), New Delhi order dismissing an appeal as time-barred, holding that the tribunal should have applied the principle of actus curiae neminem gravabit, an act of the court shall prejudice no one.
Appeal Delayed Due To Portal Failure
The case arose from an appeal against a resolution plan approved by the NCLT, Mumbai, on December 15, 2025. The Regional Provident Fund Com...
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