time taken up by asserting the rights in a wrong Court or wrong forum should be excused and the Courts have largely been influenced ... rights asserts them but asserts them in a wrong tribunal or before a wrong forum through a mistaken notion of what
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
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
Flemingo (Duty Free Shop) Pvt. Ltd vs The Commissioner Of Customs And Ors on 24
Sandvik Asia Private Limited vs The Union Of India, Through Secretary, ... on 24 December, 2014
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
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
June 1947, as he had approached the wrong forum or Court. However, he was entitled to the exclusion of the period taken in litigating ... beginning the appellant wrongly valued his claim for the purposes of jurisdiction and thus chose a wrong forum. His attempt to set his house
would also follow that a suit has been filed on the wrond forum when it ought to have been filed in this Court. In addition ... fees and also to justify filing of a suit on the wrong forum and if this garb is torn ojt, then it would be clear
