BANK OF MAHARASHTRA Vs. DILIP KUMAR SAHA

JUDGEMENT

(1.) HEARD on application I.A. No. 614/2011 filed under Section 5 of the Limitation Act for condonation of delay in filing the appeal. As per office note the appeal is time -barred by 163 days. Mr. Gullaiya submits that though the copy of the impugned order dated 10.1.2011 was received by the appellant -Bank on 13.1.2011, but the appeal could not be filed prior to 3.8.2011 as the Central Office of the Bank took time in informing its decision about the filing of appeal, thereafter, some time was consumed in drafting the appeal and then the draft of appeal was sent for approval to the Regional Office and after receiving the approval from there the appeal could be filed on 3.8.2011. According to Mr. Gullaiya the delay was not intentional and had occurred in completing the procedural formalities.

(2.) BEFORE proceeding to consider the question whether or not the appellant was prevented with any sufficient cause to file the appeal within the period of limitation, a preliminary/legal question has been raised about the jurisdiction of this Appellate Tribunal to condone the delay under Section 5 of the Limitation Act.

(3.) HON 'ble Mr. Justice Sanjay Yadav of the said Bench has also finally concluded that the Legislature has not conferred powers on the Appellate Tribunal under Section 18 of the Act to condone the delay in filing the appeal against the orders passed by the DRT.