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2015 (9) TMI 338 - HC - FEMAApplication filed beyond period of limitation Condonation of Delay Appeal was preferred against final order of Tribunal which was allowed and order of adjudication was quashed Aggrieved by said order of tribunal, appeal was filed before High court which is objected on ground that it has been preferred beyond period of limitation Held that:- Apparently, appeal has been filed after inordinate delay of 832 days. Section 35 of FEMA permits appeal to be filed within 60 days from date of communication of order of Appellate Tribunal on any question of law Proviso authorises High Courts to extend appeal to be filed within next 60 days, if it is satisfied that appellant was prevented by sufficient cause Undoubtedly, Section 54 FERA permits appeal to be filed to High Court within 60 days High Court shall not entertain any appeal under Section 54 if filed after expiry of 60 days unless High Court is satisfied that appellant was prevented by sufficient cause. Reasons given by appellant for delay in filing appeal do not constitute sufficient cause Rather reveals that there was inaction and negligence on part of various officers No attempt was made for long seven months to rectify it and refile appeal Application for condonation of delay cannot be decided as matter of routine as vested right accrues in favour of opposite party and benefit of such right cannot be disturbed lightly No merit found in application of appellant seeking condonation of delay Accordingly, other applications are also dismissed Decided against Applicant
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