Reference application limitation and signature defects rendered the filing not maintainable.

A reference application filed beyond the prescribed sixty-day period was time-barred because the date of receipt of the order was not shown and the filing was found to be out of time. The applications also failed procedural requirements since the prescribed form required signatures by the applicants, but only the verification was signed by the Factory Manager. Non-compliance with the limitation period and the mandatory form and signature requirements rendered the reference applications not maintainable.

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Issues: (i) Whether the reference application was barred by limitation under the relevant provision governing filing of a reference application. (ii) Whether the reference applications were liable to be rejected for not being signed by the applicants and for not being filed in the prescribed form.

Issue (i): Whether the reference application was barred by limitation under the relevant provision governing filing of a reference application.

Analysis: The application was filed beyond the prescribed sixty-day period. The date of receipt of the order was not shown, and on the facts available the application was held to have been presented after the time allowed for filing the reference.

Conclusion: The reference application was time-barred.

Issue (ii): Whether the reference applications were liable to be rejected for not being signed by the applicants and for not being filed in the prescribed form.

Analysis: The prescribed form required the application and verification to be signed in accordance with the applicable rules. The applications were not signed by the applicants, and only the verification was signed by the Factory Manager. The applications were therefore not in proper form.

Conclusion: The reference applications were liable to be rejected for non-compliance with the prescribed form and signature requirements.

Final Conclusion: The applications failed both on limitation and on procedural compliance, and therefore could not be entertained.

Ratio Decidendi: A reference application must be filed within the statutory limitation period and must comply with the prescribed form and signature requirements; failure on either ground renders the application not maintainable.

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