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2019 (10) TMI 961 - HC - Money LaunderingCondonation of delay in filing appeal - appellant's case is that the reasons for delay in filing the appeals were beyond the control of the appellant - sufficient reasons or not? - Section 42 of the PMLA - Money Laundering - Provisional attachment of properties - proceeds of crime - scheduled offences - HELD THAT:- If any person is aggrieved by any decision or order of the Appellate Tribunal, he may file an appeal to the High Court within sixty days from the date of communication of the decision or order of the Appellate Tribunal to him. Proviso to this Section provides that if the High Court is satisfied that the appellant was prevented by sufficient cause from filing the appeal within the said period of sixty days, the High Court may allow it to be filed within a further period not exceeding sixty days. Thus, the proviso clearly mandates the High Court not to allow the appellant to file an appeal after a further period of sixty days. In M/S SIMPLEX INFRASTRUCTURE LTD VERSUS UNION OF INDIA [2018 (12) TMI 388 - SUPREME COURT], the Supreme Court has held that delay beyond the three months plus thirty days under Section 34 of the Arbitration Act cannot be condoned - Similarly in the matter of BENGAL CHEMISTS AND DRUGGISTS ASSOCIATION VERSUS KALYAN CHOWDHURY [2018 (2) TMI 487 - SUPREME COURT], the Hon;ble Supreme Court held that limitation period of 45 days in Section 421 (3) plus additional 45 days grace period are peremptory and mandatory nature and no further time can be granted beyond this total period. Thus, this Court is of the view that the High Court cannot breach statutory mandate and cannot make the provisions of Limitation Act applicable. Consequently, the appeals filed by the appellant are held not maintainable as the same have been filed beyond the prescribed period of limitation as provided under Section 42 of the PMLA - applications for condonation of delay in filing the appeals are rejected - appeal dismissed.
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