TMI Blog2019 (7) TMI 205X X X X Extracts X X X X X X X X Extracts X X X X ..... a. The contention as raised would require reevaluation and re-appreciation of factual position. Such an exercise cannot be undertaken in the exercise of limited jurisdiction of judicial review. There is absolutely no explanation for inordinate delay in the institution of the petition - petition dismissed. - WRIT PETITION NO.2414 OF 2019 - - - Dated:- 19-6-2019 - M.S. SANKLECHA M. S. SONAK, JJ. Mr. Jay Lathigara a/w. Mr. Mohit Prabhakar I/b. KPS Legal, for the Petitioners in all the Petitions. Mr. Sham Walve a/w. Ram Ochani, for the Respondents. P.C. 1] Heard learned counsel for the parties. 2] The challenge in this petition is to the following orders: (i) Order-in-O ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in Electronic Corporation of India Limited Vs. Union of India anr.2018 TIOL-484-HC-AP-CX-LB. 5] The two Full Benches have in fact held that even in a petition under Article 226/227 of the Constitution of India, High Court, should not condone the delay beyond period of 90 days in instituting the appeal before the Appellate Authority. Accordingly, there is absolutely no merit in the challenge as to the orders dated 25th May 2017 and 21st November 2017. 6] Mr. Prabhakar, learned counsel for the petitioner, however presses the challenge to the Order-in-Original dated 10th March 2016 by relying upon the aforesaid Full Bench decisions. 7] In Panoli Intermediate (India) Pvt. Ltd. (surpa) the Full Bench of the Gu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... injustice. We may also sum up by saying that the power is there even in aforesaid circumstances, but the exercise is discretionary which will be governed solely by the dictates of the judicial conscience enriched by judicial experience and practical wisdom of the judge. (emphasis supplied) 8] In Electronic Corporation of India Limited (supra), again, the Full Bench of the High Court of Andhra Pradesh / Telangana, in a similar matter, has answered the reference, holding that a writ petition would lie against an Order-in-Original against which an appeal was filed and dismissed as time barred or no appeal had been preferred as it would have been time barred, provided sufficient grounds are made out warranti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he contention raised by Mr. Prabhakar and further points out that, in any case, such contention do not go to the root of jurisdiction. He therefore submits that this Petition deserves dismissal. 11] According to us, the contention as raised, cannot be regarded as a contention within the scope of judicial review explained by the Full Bench of the Gujarat High Court in Panoli Intermediate (India) Pvt. Ltd. (supra). At the highest, the contentions raised do not fall within the scope of judicial review as explained. At the highest, the contentions raised may have warranted some examination the exercise of appellate jurisdiction, but not in exercise of powers of judicial review. In this case, the petitioner, delayed the institution ..... X X X X Extracts X X X X X X X X Extracts X X X X
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