NCLAT Redefines Limitation In Filing Competition Appeals

By way of judgement dated 29 May 2020, the Hon'ble National Company Law Appellate Tribunal ("NCLAT") has dismissed an appeal against order dated 28 November 2017 passed by the Competition Commission of India ("CCI/Commission") in favour of NIIT Limited ("NIIT") primarily on the ground that the time of 693 days spent by the Appellant in prosecuting litigation against the impugned CCI order before High Court and Supreme Court without first availing the statutory remedy of appeal to NCLAT did not constitute "sufficient cause" for condonation of such delay. The judgement redefines the application of the Limitation Act, 1963, particularly, Section 5 thereof, for filing competition appeals and sets a precedent which will deter litigants against "forum shopping" in competition litigation.