Limitation under FERA appeals bars filings beyond the 90-day outer limit, leaving no scope for condonation.

An appeal under the Foreign Exchange Regulation Act, 1973 was held to be barred by limitation because it was filed beyond the statutory outer limit of 90 days from receipt of the adjudication order. The first proviso to section 52(2) permitted entertainment of an appeal filed after the initial 45-day period only within the further period allowed by law, and the appellate authority had no jurisdiction to extend time beyond 90 days. As the filing exceeded that maximum period, delay could not be condoned and the appeal was not maintainable, so the merits could not be examined.

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Issues: Whether the appeal was barred by limitation in view of the statutory outer limit of 90 days for filing an appeal under the Foreign Exchange Regulation Act, 1973.

Analysis: The appeal was filed long after the date on which the impugned adjudication order was shown to have been received. Under the first proviso to section 52(2) of the Foreign Exchange Regulation Act, 1973, the appellate authority could entertain an appeal filed after the prescribed period of 45 days only within the further period permitted by law, and it had no jurisdiction to entertain an appeal filed beyond 90 days from receipt of the order. As the filing was beyond that outer limit, the delay could not be condoned and the appeal could not be examined on merits.

Conclusion: The appeal was time-barred and not maintainable before the appellate board.

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