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2010 (3) TMI 499 - HC - CustomsLimitation- Appeal preferred along with notice of motion praying for condonation of delay of 154 days. Power of condonation of delay given to High Court circumstanced by outer limit of 60 days under section 35 while proviso to clause (c) of sub section (5) of section 49 not prescribed any outer limit for condonation of delay. Held that – present appeal obviously under section 49(5)(c) sine Foreign Exchange Regulation Act already repealed. Petition filed on 09.01.2006 against order dated 02.12.2005. Petition withdrawn on 07.04.2006 and said period required to be excluded under section 14 of Limitation Act as remedy prosecuted in wrong forum. Delay remains of 66 days which even if section 35 of FEMA, 1999 applied needs to be condoned. Delay condoned.
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