further held that the period of
pendency of proceedings before the wrong forum could not be
excluded while computing the period of limitation by applying ... principle underlying Section 14(2) , the
period of pendency before the wrong forum may be considered as a
“sufficient cause” for condoning the delay
proviso to
section 34(3) and at best, prosecution before a wrong forum can be
considered as a sufficient cause for explaining the delay ... further held that the period of pendency of proceedings before the wrong
forum could not be excluded while computing the period of limitation by
applying
which it was bona fide prosecuting the remedy before a
33
wrong forum. Learned counsel submitted, that a liberal
approach is required to be given
District Court was filed on 19.10.2009. The appeal before
the wrong forum was filed on 6.5.2009 and withdrawn on 30.10.2009. If the
appellants are able ... appellants were bona fide and diligently pursuing the remedy before a wrong
forum. The first respondent contended that different causes were shown and
different explanations
under Section 14 is available, only after the proceedings
before the wrong forum terminate?
58. For the sake of convenience, and to avoid prolixity ... bona fide prosecution of proceedings
with due diligence in a wrong forum. Distinguishing the earlier
judgment of this Court in Union of India v. Popular
spent by them in bona fide prosecution of remedy before a wrong
forum. Shri Ranjit Kumar submitted that at the time of filing writ petitions ... upon
for excluding the time spent in prosecuting remedy before a wrong forum was
considered by a two Judge Bench in State
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
spent by them in bona fide prosecution of remedy before a wrong
forum. Shri Ranjit Kumar submitted that at the time of filing writ petitions ... upon
for excluding the time spent in prosecuting remedy before a wrong forum was
considered by a two Judge Bench in State
approached the judicial forums belatedly, or have gone before the
wrong forum seeking either incorrect or incomplete reliefs. He
submits that the competent authority under ... respondents raised their voice in protest, they did it before
a wrong forum or seeking the wrong or incomplete reliefs.
27) The learned counsel further
appeal against the
impugned order and decree dated 18.07.2016 before the wrong forum
Signature Not Verified
i.e. learned District Judge, Imphal West. The Court ... seen that the time spent by the appellant in
the wrong forum was 44 days (15.06.2017 to 28.07.2017). The
learned Judge of the High Court
