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2018 (5) TMI 325 - SC - Indian LawsMaintainability of appeal - time limitation - whether the Tribunal was justified in dismissing the appellants’ appeals as being barred by time and was justified in holding that there was no sufficient cause for condoning the delay in filing the appeals? - Held that: - The limitation to file an appeal before the Tribunal is 45 days from the date of the service of the order as prescribed under SAFEMA. However, if the appeal is filed beyond the period of 45 days then on sufficient cause being shown, the Appellate Authority is empowered to condone the delay in filing the appeal only up to 60 days but not beyond the period of 60 days - In this case, the appeals were filed beyond the period of 60 days, i.e., the appeals were filed on 81st day after the service of the order. The Tribunal, Single Judge and Division Bench of the High Court were right in dismissing the appeals as being barred by limitation holding that there was no sufficient cause in filing the appeals beyond the period of limitation and that the Tribunal did not have power to condone the delay beyond 60 days - appeal dismissed - decided against appellant.
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