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

The NCLAT (National Company Law Appellate Tribunal) has ruled that a litigant's conduct cannot be considered bonafide when a new order is challenged in a refiled appeal after curing defects, and therefore, the benefit under Section 14 of the Limitation Act cannot be extended. Section 14 allows for the exclusion of time spent in prosecuting a previous proceeding in good faith. The NCLAT emphasized that if the initial appeal was filed with defects that reflect a lack of diligence, the benefit of condoning delay for a refiled appeal may be denied.