LAWS(GJH)-2008-4-149

ADD PLUS INDUSTRIES Vs. UNION OF INDIA

Decided On April 30, 2008
ADD PLUS INDUSTRIES Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) LEARNED advocate for the petitioners seeks permission to withdraw the petition, under instructions, so as to enable the petitioners to move a rectification application before the Tribunal. The impugned order of the Tribunal dated 28. 02. 1997 was received by the consultant of the petitioner on 04. 04. 1997. The petition was preferred on 02. 05. 1997. Learned advocate for the petitioners informs that the period of limitation for preferring rectification application is 180 days from date of receipt of the order.

(2.) IN the circumstances, it is apparent that after excluding the period from 04. 04. 1997 upto 02. 05. 1997 the balance period of limitation for filing rectification application would start running from today. In the event the petitioners prefer the rectification application within this balance period of limitation, it is expected that the Tribunal shall consider the same in accordance with law, without raising the issue of limitation.

(3.) PERMISSION granted to withdraw the petition. The petition is rejected as withdrawn. RULE discharged. There shall be no order as to costs.