Maharashtra Industrial Development ... vs Manoj Kumar Agarwal
- CitationCompany Appeal (AT) (Ins) No. 30 of 2022
Ratio decidendi
The rule this decision rests on
The appeal is barred by limitation: where the appeal is filed beyond the prescribed period of thirty days, and the appellant has shown no ground sufficient to explain the delay, the delay cannot be condoned and the appeal must be dismissed on that footing.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
IN THE MATTER OF: Maharashtra Industrial Development Corporation ...Appellant Vs. Manoj Kumar Agrawal & Ors. ...Respondents
Present: For Appellant: Ms. Soumik Ghosal, Ms. Shyamali Gadre, Advocates
For Respondent: Ms. Varsha Banerjee, Mr. Karan Grover, Advocates
ORDER
(Through Virtual Mode)
18.01.2022: This appeal has been filed with delay, an application for
'condonation of delay' has also been filed being IA No. 100/2022. It has been
mentioned in the application that the order dated 19.02.2019 was
communicated to the Appellant on 12.09.2019.
Learned Counsel submitted that there is an administrative delay on the
part of the Appellant in filing the appeal. Prayer has been made to exclude
the time. Reference is also be made to the order of the Hon'ble Supreme
Court in suo moto writ petition 03/2020.
We have gone through the application. The delay, even if it is counted
from 12.9.2019 on which date it is claimed that the Appellant has received
the knowledge of the order, the appeal is highly barred by time. The limitation
being 30 days, we are of the view that there is no ground made out to condone
Company Appeal (AT) (Ins) No. 30 of 2022 1 the delay in filing the Appeal. IA for condonation of delay is dismissed,
in view of the aforesaid appeal is dismissed as 'barred by time'.
[Justice Ashok Bhushan] Chairperson
[Dr. Alok Srivastava] Member (Technical)
ss/nn
Company Appeal (AT) (Ins) No. 30 of 2022 2
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