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2008 (7) TMI 589 - HIGH COURT OF DELHIPeriod of limitation - order of AAIFR dated 21 February, 2007, dismissing the appeal preferred by the petitioner on the ground of limitation challenged - Held that:- the petitioner's case set up in the writ petition cannot be sustained as the petitioner has only stated that the order dated 4 March, 2004, was not received by it in normal course by the petitioner. In our view the petitioner had applied for certified copy of the order beyond the period of 60 days, and cannot be now heard to say that its appeal should be treated in time. Even if we treat the appeal to be filed in time, we have already noted the finding of the BIFR that the appellant is not serious about the revival of the company and that the company has enjoyed the interim order of the Madras High Court which stipulated the deposit of ₹ 1 crore, and that non-compliance of the said condition of deposit led to the vacation of the interim order. The findings of facts by the BIFR that the petitioner never submitted a rehabilitation scheme, has rightly been recorded by it and even if the appeal was to be treated as having been filed in time, there is no ground to interfere with the aforesaid order of the BIFR on merits.
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