
đ What Happened
The Supreme Court of India has held that the Limitation Act, 1963 â which sets time limits for filing lawsuits, appeals, and applications â does not automatically apply to tribunals or quasi-judicial bodies such as the Company Law Board (CLB) or the National Company Law Tribunal (NCLT), unless a specific law expressly makes it applicable.
đ§ž Summary
In a recent decision, the Supreme Court clarified a crucial procedural issue affecting litigants approaching tribunals â bodies set up by statutes to resolve specialised disputes. The Court explained that the Limitation Act, which typically allows courts to condone (forgive) delays in filing appeals or petitions under Section 5, applies by default only to âcourtsâ, not to statutory tribunals or quasi-judicial authorities. Unless a specific statute expressly empowers a tribunal to extend or condone delay, they cannot do so merely by referring to the Limitation Act-based powers of courts. The ruling arose in litigation where a Calcutta High Court had upheld the CLBâs order condoning a 249-day delay in filing an appeal under the Companies Act. The Supreme Court set aside that view, emphasising that tribunals can exercise delay-condoning power only if the law governing them clearly provides for it.
đ˘ Public Takeaway
If youâre approaching a statutory tribunal â like NCLT or CLB â donât assume the Limitation Actâs time-extension powers apply. Tribunals can only condone delay if the law that created them specifically allows it. This is vital for anyone filing appeals, applications, or challenges before tribunals â missed deadlines may not be forgiven unless the statute clearly permits it.











