proceedings before the NCLT or NCLAT, which was a
completely wrong forum for him for redressal of his grievance,
he was ultimately turned away ... availing remedy for recovery of his dues
before a wrong forum and he is entitled to take benefit of Section
14 of the Limitation
from 3 rd
February, 2016 to 6th February, 2018 before the wrong forum. The
Petitioner has made necessary averment in Paragraph 25 of the Plaint ... seeking leave to
defend admitted that the Petitioner had approached the wrong forum by
filing the Winding-up Petition but denied that the period spent
construed as
proceedings instituted under a bonafide mistake in the wrong forum. It is
submitted that as against any order passed by Special Court ... periods such as, time taken in in litigating bonafidely before the wrong forum,
stay granted by the Court etc., have to be deducted while calculating
construed as
proceedings instituted under a bonafide mistake in the wrong forum. It is
submitted that as against any order passed by Special Court ... periods such as, time taken in in litigating bonafidely before the wrong forum,
stay granted by the Court etc., have to be deducted while calculating
construed as
proceedings instituted under a bonafide mistake in the wrong forum. It is
submitted that as against any order passed by Special Court ... periods such as, time taken in in litigating bonafidely before the wrong forum,
stay granted by the Court etc., have to be deducted while calculating
construed as
proceedings instituted under a bonafide mistake in the wrong forum. It is
submitted that as against any order passed by Special Court ... periods such as, time taken in in litigating bonafidely before the wrong forum,
stay granted by the Court etc., have to be deducted while calculating
entitled to the benefit
of excluding the period spent in the wrong forum, from 02.02.2010 to
11.07.2016, under Section 14 of the Limitation ... State Commission. Admittedly, the plaintiffs have
filed their dispute before wrong forums and spent there about 6.5
years. No wise person would approach
does not stand to benefit
by lodging a case before the wrong forum and by choosing
wrong provision. Similarly, once an objection was raised about ... Department would not be benefited by
filing the proceedings before the wrong Forum deliberately. It is
admitted fact that the complaint filed by the complainant
submit that if a party was prosecuting a lis before wrong
forum, without any mala fide intention, time consumed in such
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C/CA/137/2019 JUDGMENT DATED: 13/06/2024
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wrong forum but the forum which the petitioner had chosen was
holding jurisdiction. Learned
dismissed as withdrawn as the applicants-
appellants had chosen the wrong forum. The applicants-appellants were
under the bonafide belief that because the award ... instant appeal is bonafide and the
result of choosing the wrong forum by the applicant for redressal of their
grievances. Therefore, the delay
