2022 (4) TMI 1575 - SC - Benami Property

Benami transactions - indulgence in prohibited transactions - second appellant passed an order provisionally attaching the property of the respondent company under Section 24(4)(b)(i) of the Act pending adjudication by the first appellant - period of limitation for filing an appeal - as mainly contended on behalf of the respondents that the orders passed by the first appellant are barred by limitation - As decided by HC 2022 (2) TMI 602 - MADRAS HIGH COURT Learned Judge was not correct in entertaining the writ petitions, when there being an efficacious appeal remedy under Section 46 of the Act, where all the contentions, including whether the order has been passed by the Adjudicating Authority in accordance with Section 26 (7) of the Act, could have been raised and decided. As already discussed and delved in detail above, the words date of the order appearing in Section 46 can only be interpreted and read to mean date of receipt of the order for the purpose of computing the limitation for filing the appeal under Section 46 of the Act. Learned Judge without going into the question of maintainability of the writ petitions, travelled into the case on the ground of limitation raised by the respondents / writ petitioners, as prescribed under Section 26(7) of the Act and rendered a finding on the same. HELD THAT - Issue notice, returnable on 18th July, 2022. In the meanwhile, the petitioner would file an appeal before the appropriate authority on all grounds permissible including the ground pertaining to limitation. If the appeal is preferred within ten days from today, the some would not be dismissed on the ground of delay. Dasti service, in addition, is permitted.

Summary

The Supreme Court of India issued an order for the petitioner to file an appeal within ten days on all permissible grounds, including limitation. The appeal must be filed by 18th July, 2022, to avoid dismissal due to delay. Dasti service is permitted.