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2015 (5) TMI 941 - HC - Companies LawDelay in filing of appeal by 142 days - Condonation of delay as per Section 10-F of the Companies Act, 1956 - An application under Section 14 of the Limitation Act, seeking condonation of delay of 142 days - Held that:- The maximum period upto which an appeal can be filed in the Court even if filed late, is 120 days (i.e. 60+60 days). This Court cannot condone the delay beyond the period of 60 days. Even the plea raised by the appellant that earlier on account of ill advise, a writ petition was filed, hence, taking support of Section 14 of the Limitation Act the delay is to be condoned, but such a plea is not available to the appellant as Section 14 of the Limitation Act has no application in appeals. While considering the judgment of Hon'ble the Supreme Court in Popular Construction Co.'s case [2001 (10) TMI 1044 - SUPREME COURT OF INDIA] and subsequent judgment in Gopal Sardar vs Karuna Sardar [2004 (3) TMI 743 - SUPREME COURT], this Court in Pawan Goel's case [2008 (2) TMI 626 - HIGH COURT OF PUNJAB AND HARYANA], opined that the maximum period available to the appellant for preferring appeal to this Court is sixty+sixty days i.e. 120 days, subject to the condition that the appellant has shown sufficient cause for condonation up to sixty days beyond the prescribed period of sixty days and the provisions of Sections 4 to 24 of the Limitation Act have no application.The issue was thereafter considered by Hon'ble the Supreme Court in Chhattisgarh State Electricity Board's case [2010 (4) TMI 1031 - SUPREME COURT]. Similar view was expressed by Division Bench of Delhi High Court in Delhi Development Authority vs M/s Durga Construction Company [2013 (11) TMI 1527 - DELHI HIGH COURT] decided on 7.11.2013. What can be summed up from the aforesaid authoritative enunciation of law on the issue by Hon'ble the Supreme Court and different High Courts is that where certain period has been specified in the special Act limiting powers of the Court to condone the delay, the same would amount express exclusion of Section 5 of the Limitation Act within the meaning of Section 29 (2) of the Limitation Act. - Decided against the appellant.
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