Supreme Court: Litigant Not Penalized for NCLAT E-Filing Portal Failure

The Supreme Court recently held that a litigant cannot be denied relief merely on account of a delay in filing an appeal when the delay is caused entirely by a fault on a tribunal or court's e-filing portal [Regional Provident Fund Commissioner-II v. Ms Mamta Binani and Others].A Bench of Justices Dipankar Datta and Sheel Nagu made the observation in a case where an appeal in an insolvency resolution case was filed with a delay of one day because earlier attempts to e-file the appeal failed due to glitches on the National Company Law Appellate Tribunal's (NCLAT) online portal.“Should a litigant be shown the door at the very first instance due to e-filing of an appeal beyond the statutorily condonable period, particularly when such a filing has been delayed for bona fide reasons beyond the litigant’s control and when the fault was entirely at the end of the Registry of the NCLAT? We think not!” the Supreme Court said in its September 10 ruling.Justices Dipankar Datta and Sheel NaguSupreme CourtShould a litigant be shown the door when a filing has been delayed for bona fide reasons beyond the litigant’s control, when the fault was entirely at the end of the Registry of the NCLAT? We think not!The Bench also invoked the principle of actus curiae neminem gravabit, which means that an act of the court should prejudice no one.“When the system of the court/tribunal fails to receive the papers, which are sought to be presented bona fide and within the prescribed time, the litigant c