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2014 (4) TMI 612 - HC - FEMACondonation of delay - Inordinate delay of 804 days in filing of appeal - Section 35 of FEMA - Held that:- Section 54 FERA permits an appeal to be filed to the High Court within 60 days. The proviso clearly prescribes that the High Court shall not entertain any appeal under Section 54 if it is filed after the expiry of 60 days of the date of communication of the decision or order of Appellate Tribunal unless the High Court is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. Even if provisions of Section 54 are taken into consideration, there is no sufficient ground made out by the appellant to file the appeal after an inordinate delay of 804 days. The delay has not been explained. The reasons given by the appellant in Annexure ‘B’ for delay in filing the appeal do not constitute sufficient cause. Rather it reveals that there was inaction and negligence on the part of the various officers. No sincere efforts were made to pursue the appeal even after objections were raised. No attempt was made for long seven months to rectify them and refile the appeal. There was slackness on the part of the appellant to take remedial steps. Application for condonation of delay cannot be allowed as a matter of routine as vested right accrues in favour of the opposite party and benefit of such right cannot be disturbed lightly - Condonation denied.
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