TMI Blog2022 (12) TMI 822X X X X Extracts X X X X X X X X Extracts X X X X ..... ct, 1963 - HELD THAT:- It is an accepted position that the appellant had filed a writ petition before the High Court on 24.02.2018, which was not entertained vide the order dated 07.03.2018 on the ground that the appellant should approach the Appellate Authority. The appellant is entitled to ask for exclusion of the said period in terms of Section 14 of the Limitation Act, 1963. Exclusion of time ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hority. On exclusion of the aforesaid period, the appeal preferred by the appellant would be within the condonable period. The appeal is allowed with the direction that the Appellant Authority would examine the appeal on merits. - Petition(s) for Special Leave to Appeal (C) No(s). 11225/2022 - - - Dated:- 14-11-2022 - MR. SANJIV KHANNA AND MR. J.K. MAHESHWARI, JJ. For Petitioner(s) - M ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... late Authority. The appellant is entitled to ask for exclusion of the said period in terms of Section 14 of the Limitation Act, 1963. Exclusion of time is different, and cannot be equated with condonation of delay. The period once excluded, cannot be counted for the purpose of computing the period for which delay can be condoned. Of course for exclusion of time under Section 14 of the Limitation A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appeal preferred by the appellant would be within the condonable period. Accordingly, we direct that the application for condonation of delay filed by the appellant would be treated as allowed. The delay is directed to be condoned. 5. Recording the aforesaid, the appeal is allowed with the direction that the Appellant Authority would examine the appeal on merits. 6. We clarify that have not ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
