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TMI Blog2023 (4) TMI 965X X X X Extracts X X X X X X X X Extracts X X X X ..... AHAJAN For the Petitioner Through: Mr. Abhishek Kumar & Mr. Luv Kumar, Advs. For the Respondents Through: Mr. Rajeev Aggarwal, Addl. Standing Counsel with Ms. Shilpa Singh & Mr. Manbhar Mittal, Advs. for R-3. Mr. B.B. Devan, Mr. Sumit K. Batra & Mr. Manish Khurana, Advs. for R-4. VIBHU BAKHRU, J. (Oral) 1. The petitioner has filed the present petition impugning an order dated 23.05.2022, passe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... his section shall be filed within a period of thirty days from the date on which the ruling sought to be appealed against is communicated to the concerned officer, the jurisdictional officer and the applicant: Provided that the Appellate Authority may, if it is satisfied that the appellant was prevented by a sufficient cause from presenting the appeal within the said period of thirty days, allow i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... filing the appeal is solely on the ground that the Appellate Authority was not constituted. It is stated that the notification constituting the Appellate Authority was issued on 05.09.2019, however, the petitioner was not aware of the same at the material time. It is contended that the petitioner became aware of the constitution of the Appellate Authority in terms of the notification dated 05.09. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a sufficient cause from presenting the appeal within the said period. However, the power of the Appellate Authority is confined to extending the said period by a further period not extending thirty days. Thus, in any event, the Appellate Authority did not have the power to entertain the appeal beyond a period of sixty days from the date of the communication of the order passed by the Appellate Aut ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ge of the relevant provision limiting the period for which delay could be condoned, the period of limitation for filing the application / appeal could not be extended beyond the said period. 10. In view of the above, we are unable to fault the decision of the Appellate Authority in declining to entertain the petitioner's appeal under Section 100 of the Act. 11. The present petition is, according ..... X X X X Extracts X X X X X X X X Extracts X X X X
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