2008 (7) TMI 1104

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....n Exchange is delivered by Shri R.N. Poddar, Member. 2. This appeal is directed against common adjudication order No. SDE(P)/III/102-168/90, dated 26-2-1990 passed by Special Director, Enforcement Directorate imposing lotat penalty of Rs. 2 lakhs on the appellant for the reason of receiving payment locally in India by or under instructions of person resident outside India and also making paymen....

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....m the date on which the order is served on the person committing the contravention, prefer an appeal to the Appellate Board. Provided that the Appellate Board may entertain any appeal after the expiry of the said period of forty-five days, but not after ninety days, from the date aforesaid if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in ti....

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....mitation of 3 months plus 30 days under Arbitration & Conciliation Act, 1996 had arisen within which period an arbitral award can be challenged. The Hon'ble Apex Court observed as follows : "It is only by virtue of Section 29 of the limitation Act, it operation is excluded to that extent of the area which is covered under the Arbitration & Conciliation Act, 1996. Our attention was als....

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....e applicability of section 5 of limitation will stand excluded but there is no provision in the Act of 1996 which excludes operation of section 14 of the Limitation Act. These two Acts can be read harmoniously without doing violation to the words used therein, then there is no prohibition in doing so" 7. In the light of above discussion this appeal when filed after 90 days from the date of rece....