Just a moment...

Report
FeedbackReport
Bars
Logo TaxTMI
>
×

By creating an account you can:

Feedback/Report an Error
Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters0/2000
TMI Blog
Home / RSS

Jurisdictional Limits on Appellate Authority for Delay in Appeals u/s 107(4) of the 2017 Act.

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....The judgment addresses the jurisdiction and competence of the Appellate Authority u/s 107(4) of the Act of 2017 to condone delays in filing appeals against decisions or orders passed by an adjudicating authority beyond the prescribed time limit. The Court relied on the Supreme Court's decision in Bengal Chemists and Druggists Association v. Kalyan Chowdhury, which interpreted a similar provision in the Companies Act, 2013. It held that the Appellate Authority cannot entertain an appeal u/s 107 if it is filed beyond four months from the date of communication of the decision or order. While the High Court has extraordinary jurisdiction to condone delays in exceptional circumstances to prevent gross injustice, the reasons provided by the petitioner were found insufficient to warrant such exercise. Consequently, the writ petitions were dismissed as lacking merit.....