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2017 (3) TMI 1628 - SUPREME COURT
Period of limitation - entitlement to get the benefit of Section 5 of the Limitation Act - Appeal to Supreme Court - period of limitation - Held that:- In the instant case, as is noticeable, the application for review was filed after expiry of 30 days. Respondent would contend that for filing of review, no time limit is prescribed. Per contra, Ms. Ranjeeta Ramachandran has drawn our attention to Section 120F which confers the jurisdiction on the tribunal and Sub-section (2) of Section 120 clearly prescribes that the tribunal for the purpose of discharging its functions under this Act can exercise the powers vested in a civil court under the Code of Civil Procedure, 1908 and that in the Sub-section the review jurisdiction is included. The Review Application was presented before the tribunal on 10.01.2008. The main order as has been stated earlier was passed on 28.9.2007. Thus, the application for review was filed after expiry of 60 days, that is to say, the limitation that is prescribed for filing of an appeal before this Court.
Under Section 5 of the Limitation Act which is to be entertained by the Court. We are singularly concerned with entertaining of an application for condonation. If the delay is statutorily not condonable, the delay cannot be condoned. There is no impediment to consider the preliminary objection at a later stage. That will be in consonance with the statutory provision.