Repealed FERA limitation governs preserved appeals, so delay beyond the statutory outer limit cannot be condoned.

An appeal arising from an adjudication under the repealed Foreign Exchange Regulation Act, 1973 remained governed by that Act because section 49 of the Foreign Exchange Management Act, 1999 preserved proceedings and liabilities under the earlier law, reinforced by section 6(e) of the General Clauses Act, 1897. The limitation scheme of section 52(2) of the 1973 Act allowed filing within forty-five days and condonation only up to ninety days on sufficient cause. As the appeal was filed beyond that outer limit, the appellate tribunal had no power to extend time further and the delay could not be condoned.

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Issues: Whether an appeal arising from an adjudication under the repealed Foreign Exchange Regulation Act, 1973 could be entertained beyond the statutory outer limit of 90 days on the basis of the Foreign Exchange Management Act, 1999.

Analysis: The appeal was held to be governed by the repealed Act because section 49 of the Foreign Exchange Management Act, 1999 preserved proceedings and liabilities under the repealed law. The statutory scheme of repeal and saving, reinforced by section 6(e) of the General Clauses Act, 1897, meant that rights, liabilities, and remedies arising under the earlier enactment continued according to that enactment unless a contrary legislative intention was shown. Section 52(2) of the Foreign Exchange Regulation Act, 1973 permitted filing within forty-five days and empowered condonation only up to ninety days on sufficient cause being shown. Since the appeal was filed beyond ninety days, the Tribunal had no authority to extend time further.

Conclusion: The appeal was governed by the Foreign Exchange Regulation Act, 1973 and the delay beyond ninety days could not be condoned.

Ratio Decidendi: Where the repealing statute preserves proceedings under the repealed enactment, the appeal and its limitation period remain governed by the repealed law, and the appellate forum cannot entertain the matter beyond the maximum period fixed by that law.

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