2019 (5) TMI 640

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....O. 8138 of 2019 For The Petitioner : MR J. P. SHAH, SENIOR ADVOCATE with MR MANISH J SHAH (1320) For The Respondents : MR. M. R. BHATT, SENIOR ADVOCATE with MRS MAUNA M BHATT (174) ORAL ORDER (PER : HONOURABLE MS.JUSTICE HARSHA DEVANI) 1. Rule Mrs. Mauna Bhatt, learned senior standing counsel waives service of notice of rule on behalf of the respondents in each of the petitions. 2. By these petitions under Article 226 of the Constitution of India, the petitioners have called in question the common order dated 1.4.2019 passed by the Settlement Commission holding that it does not have the power to extend the due date of passing order within eighteen months from the date of filing the applications . 3. Shorn of all unnecessary fact....

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....mber 10 unless the time is extended by the High Court. Being aggrieved, the petitioners have approached this court. 5. Heard Mr. J.P. Shah, Senior Advocate, learned counsel with Mr. Manish Shah, learned advocate for the petitioner and Mr. M R Bhatt, Senior Advocate, learned counsel with Mrs. Mauna Bhatt, learned Senior Standing Counsel for respondents. 6. The only issue that arises for consideration is whether the time taken by the petitioners in pursuing the remedy before this court would stand excluded while computing the period of 18 months prescribed under clause (iii) of section 245D(4A) of the Act. 7. Section 245D(2A) of the Act to the extent the same is relevant for the present purpose reads thus: "(4-A) The Settlement Commi....