In the absence of proper ground delay cannot be condone with the AAIFR

Last updated: 15 May 2012

Court :
HIGH COURT OF DELHI

Brief :
It is the say of the petitioner that they applied for a certified copy of the order on the same date, which was received on 12.11.2010 but filed the appeal on 31.1.2011. Thus, it is not in dispute that the appeal is barred by time and is even beyond the window of extra fifteen (15) days available to the appellant, the same being filed even beyond sixty (60) days. The appeal was accompanied by an application for condonation of delay. In terms of the impunged order the AAIFR has found that it has no power to condone the delay beyond the period of sixty (60) days in view of the provisions of Section 25 (1) of the Sick Industrial Companies (Special Provisions) Act, 1985 (hereinafter referred to as the „SICA‟).

Citation :
M/S AGARPARA JUTE MILLS LTD..... Petitioner Through: Mr. Sudhir Nandrajog, Sr. Adv. with Mr. Vikram Mehta & Mr. Shakeel Ahmed, Advs. Versus BOARD FOR INDUSTRIAL AND FINANCIAL RECONSTRUCTION & ORS. ..... Respondents Through: Mr. C. Mukund & Mr. Pankaj Jain, Advs. for R-2.