2001 (5) TMI 475

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....eals could not be filed within stipulated time as they were pursuing the remedy before the High Court of Kerala. As there is no order against these appellants and also appellants are not a party to the proceedings, they filed O.P. No. 5459/90 before the High Court of Kerala on 15-6-1990. O.P. No. 5459/90 was dismissed against which Writ Appeal (W.A. No. 1036/94) was filed and same has been dismissed by confirming order of the High Court. On obtaining the certified copy, the appeal was filed in the Office of the Registry of the Tribunal on 14-10-94. It was submitted by them that there was no negligence or latches on the part of the parties. Since they were pursuing the remedy by way of Writ before the High Court and furthermore the appeal wa....

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....plicit agreement with this issue. Assuming but not conceding that an order is appealable, there is an inordinate delay of 1589, 1733 and 1733 days respectively. The remarks of the High Court that an alternative remedy exists is not accompanied by any directions to entertain the appeal despite the time-bar. Further there is sufficient delay in filing the appeals even after dismissing the petition before the High Court, which has not been explained properly. It is settled position now that each day's delay should be accounted for. 5. We have carefully considered the matter. Two issues are to be considered in these appeals. (i)      Whether appeal is maintainable. (ii)     If so, whether suf....

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....pointed day; (d)     An order passed by the Administrator, either before or after the appointed day, under Section 81, as it stood immediately before that day. 7.  Accordingly any person aggrieved by any decision or order by the Collector or Collector (Appeals) may prefer an appeal against the same. All judicial or quasi-judicial orders would, in their nature, be appealable. Of course this would not necessarily mean that an appeal could, on that score itself, be maintained, since, as already seen, no appeal would lie against such orders unless the statute itself provides for a right of appeal. Thus under Section 81 of the Act no appeal can be filed unless the person filing the appeal is aggrieved by the impugned o....