9911796707
TMI Blog2013 (10) TMI 458X X X X Extracts X X X X X X X X Extracts X X X X ..... period and there would be inherent powers to extend the time initially fixed by it - time period of six months fixed by the Tribunal was not in accordance with the powers conferred by any statutory act but the same was fixed by the Tribunal in exercise of its inherent jurisdiction and keeping in view the interest of both the sides. Admittedly, when the Tribunal is having the power and jurisdiction to direct the lower authorities to complete the denovo adjudication within a particular period, it has the jurisdiction to extend the said period also on cause being shown by the concerned authorities - there are genuine reasons for not completing the investigations by the Designated Authority and inasmuch as the Designated Authority has alre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ification, if required, within a period of six months from the date of passing of the order. As the six months period expired on 05.01.2013 and the Designated Authority could not complete the investigation on account of reasons mentioned in the said applications, an application was filed on 03.01.2013 for extension of the period of six months granted by the Tribunal. As the post of President was lying vacant during the relevant period, the said miscellaneous application was not listed by the Registry. Even after the said post of the President was filled, the application was not listed. It is in these circumstances that the Designated Authority again filed an application on 24.06.2013, reiterating its prayer to grant the extension of the tim ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ged the finding of the Designated Authority by filing a writ petition before the Hon ble High Court of Delhi on the ground that the Designated Authority have no jurisdiction or power to issue the final finding after the expiry of the time granted by the Tribunal. The Hon ble High Court of Delhi declined to interfere with the findings of the authority and the writ petition was dismissed by the Hon ble High Court as withdrawn by the Association, with liberty to approach the authority. Based on the said final finding, a notification already stands issued by the Government of India, Ministry of Finance on 03.07.2013 imposing Anti-Dumping duty, being Notification No. 15/13-Cus (AD). 5. Learned Advocate Shri Pramod Kumar Rai appearing for the A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... itation period provided under the Gujarat Cooperative Societies Act, 1961. Admittedly, when a particular period is prescribed under a particular Act, without any powers to the authorities to extend the same, it has to be considered as if the authorities have no power to extend the period provided by the legislature. The facts of the present matter are different and the law declared by the Supreme Court is not applicable to the present case inasmuch as the period of six months was not fixed by the Tribunal in exercise of any jurisdiction granted by the legislation. 6. We have also gone through the decision of the Hon ble Supreme Court in the case of Strawboard Manufacturing Co. Ltd. vs. Gutta Mill Workers Union reported as MANU/SC/0056/195 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 7. On the other hand, Shri K. Venugopal, Ld. Sr. Advocate has relied upon the Hon ble Supreme Court decision in the case of D.V. Paul vs. Manisha Lalwani -(2010) 8 SCC 546. Ongoing through the said decision we find that there was dispute between the parties as regards the eviction of the tenant. When the matter reached the Hon ble High Court, it was observed that as tenant has altered the basic structure of the property, the tenant would compensate the landlord for the damages so caused by depositing a sum of Rs. 10,000/- in the trial Court within four months from the judgment of Hon ble High Court. It was further observed that if the said deposits are not made, the trial Court was directed to pass decree for eviction of the tenant. The ten ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... act, the Court may in its direction from time to time enlarge such period even though the period originally fixed or granted may expire. If a Court can grant time to do a thing, in the absence of specific provision to the contrary it can also enlarge the same period and there would be inherent powers to extend the time initially fixed by it. 9. When we apply the above declaration of law by the Hon ble Supreme Court to the facts of the present case, we note that the time period of six months fixed by the Tribunal was not in accordance with the powers conferred by any statutory act but the same was fixed by the Tribunal in exercise of its inherent jurisdiction and keeping in view the interest of both the sides. Admittedly, when the Tribunal ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
