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2015 (9) TMI 1700 - HC - Indian LawsCondonation of delay in filing appeal before the AAIFR - power of appellate authority to condone the delay - It was submitted that the period of 60 days expired on or around 15th September, 2013 and the appeal was affirmed on 18th January, 2014 and was actually filed 27th January, 2014 which was clearly beyond the period of 60 days - HELD THAT:- The order of BIFR was dated 17th July, 2013. Considering the maximum period of 60 days available under the aforesaid provisions, the appeal was required to be filed as per the submission on behalf of the petitioner latest by 15th September, 2013. The appeal was however filed on 27th January, 2014. It is stated by the petitioner that the appeal memo was affirmed on 18th January, 2014 and the appeal was filed thereafter on 27th January, 2014. The period prescribed in Section 25 being a period of 45 days extendable upto 60 days, is a special period of limitation and therefore, the contention was that the same was not further extendable or the delay was not condonable and the appeal was preferred after the expiry of the said period. The impugned order passed by the Appellate Authority for Industrial and Financial Reconstruction, New Delhi cannot sustain, for the only consideration that it does not contain reasons and does not deal with the various contentions of the parties and findings after considering all those contentions including the aspect of limitation raised by the petitioner. On the said ground alone, the same is deserved to be set aside and it is hereby set aside - The proceedings of appeal are remanded to the appellate authority for rendering a fresh decision by it in accordance with law. While undertaking the exercise of deciding the appeal anew, and passing a reasoned order thereupon, the AAIFR shall give due opportunity of hearing to both the sides - Petition allowed by way of remand.
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