Limitation under FEMA bars condonation beyond the statutory outer limit for appeals filed after repeal of FERA.

Section 49 of the Foreign Exchange Management Act, 1999 repealed the Foreign Exchange Regulation Act, 1973 and applied the new Act's procedural scheme to appeals arising after its commencement. Under Section 35, an appeal had to be filed within sixty days of communication of the Tribunal's order, and the High Court could extend that period only by a further sixty days. Applying the rule that limitation is procedural, the Court held that the repealed FERA regime could not enlarge the High Court's power beyond the statutory outer limit. Delay beyond that ceiling was therefore not condonable, and the appeal was not maintainable.

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Issues: Whether the delay of 570 days in filing the appeal could be condoned and whether an appeal against an order passed after repeal of the Foreign Exchange Regulation Act, 1973 was governed by the limitation scheme under the Foreign Exchange Management Act, 1999.

Analysis: Section 49 of the Foreign Exchange Management Act, 1999 repealed the Foreign Exchange Regulation Act, 1973 and contained saving and transfer provisions. An appeal arising after the new Act came into force had to be carried under the procedure prescribed by the Foreign Exchange Management Act, 1999. Under Section 35, the appeal had to be filed within sixty days from communication of the Tribunal's order, and the High Court could condone delay only up to a further sixty days. The Court applied the principle that limitation is procedural and held that the repealed regime could not enlarge the High Court's power beyond the statutory outer limit.

Conclusion: The delay beyond the statutory ceiling could not be condoned and the appeal was not maintainable.

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