2022 (2) TMI 733

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..... has been passed thereupon also - HELD THAT:- The fact however admitted by Learned Counsel is that such orders are appealable and no appeal therefore has been filed. In absence of a challenge to the adjudication order by an appeal, the attachment order in consequence thereof cannot be challenged. The foundation of the attachment order is adjudication order thereby the writ petition to challenge t .....

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..... ORDER This writ petition has been filed mainly to challenge the attachment order dated 22-3-2021. The facts narrated by Counsel for the petitioner shows that an adjudication order was passed earlier on 19-12-2017. The order dated 19-12-2017 is admittedly appealable and no appeal against the said order was filed. It is mainly on the ground that period of limitation to maintain appeal has expire .....

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..... he case of Harshad Chiman Lal Modi v. DLF Universal Ltd. Anr. 2005 (5) SCC 791, there is no power to even condone the delay. 3. In view of the above, even the excuse taken by the petitioner that an appeal was not maintainable due to expiry of limitation cannot help him in any manner. Default of the party cannot be to his benefit and accordingly we do not find any reason to cause interferenc .....

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