Additional Director,
Department of Industries and Commerce, which was the wrong
forum for challenging the same and vide endorsement issued in
August, 1997, the same ... delay, it is due
to filing of the dispute before the wrong forum
and also due to bonafide belief that the dispute
filed is within
2509/2023 ORDER DATED: 04/07/2023
undefined
sue, however, in wrong forum. Therefore, in view of section 14 of
the Limitation Act, 1963 time ... period passed in pursuing remedy
in wrong forum would be excluded from limitation period to be
computed for institution of civil suit. Learned Commercial Court
further averred that the petitioner had approached
the wrong forum on ill-advice by the counsel.
6. The application is being contested by the respondent ... maintainable. The fact that
.
petitioner had approached the wrong forum on ill-advice of the counsel
has also been disputed.
7. I have heard
according to Mr.
Banerjee, the time taken in a proceeding before wrong forum is
liable to be excluded from the period of limitation prescribed
therefor ... delay, Mr. Tarafdar has
submitted that the time wasted before any wrong forum
cannot be condoned from the period of limitation on the
principle
earlier Court i.e. Delhi High Court was made
before the wrong forum and was made with due diligence and in
good faith ... exclusion of time spent in prosecuting the remedy
before the wrong forum. Accordingly, such an Application was
construed to be an Application under Section
earlier Court i.e. Delhi High Court was made
before the wrong forum and was made with due diligence and in
good faith ... exclusion of time spent in prosecuting the remedy
before the wrong forum. Accordingly, such an Application was
construed to be an Application under Section
remained in
custody for about 05 and ½ months due to wrong Forum selected by the
Enforcement Directorate and this count, the petitioner has suffered ... also appears that the complaint has been made before a wrong
Forum and the applicant has been taken into custody and
ultimately
care has to be taken while prosecuting the suit
before a wrong forum and the plaintiff has to satisfy that he has taken sufficient
care ... expected of any prudent man in pursuing his remedy before a wrong
forum to claim the benefit of Section 14 of the Limitation
bona fide mistake, the
petitioner approached to the wrong forum. As such, the matter
MC(MFA) No.1 of 2023 Page 4
was pending before ... bonafide mistake the
appeal was pending before the wrong forum. As such, there was
a delay of 1201 days in filing the present appeal from
such period shall be excluded. The
expression "proceeding before the wrong forum", which
was ultimately dismissed for defect of jurisdiction or
cause ... doubt true that the proceeding must be
before a wrong forum and should have been diligently
proceeded with, as no negligence can be attributed
