DYNAMIC MACHINES P LTD Vs. JAI KARAN MEDICINES

JUDGEMENT

(1.) This is an application purporting to be under Sec.5 of the Limitation Act for the condonation of gross delay in preferring the appeal. Admittedly the order under appeal was announced on the 18th of November, 1993, but the present appeal was received by the Commission on the 24th of February, 1994. There is thus a delay of 67 days in preferring the appeal vis-a-vis the strictly prescribed period of 30 days under Sec.15 of the Act.

(2.) Mr. Jagat Narain, the learned Counsel for the appellant in projecting his case was fair enough to concede that the present appeal was even preferred far beyond the prescribed period of 30 days, even from the receipt of the copy of the order of the District Forum, duly despatched to them. Apparently bereft of any meaningful argument to show sufficient cause for non-presentation within 30 days, it was repeatedly argued that on merits the order under appeal was beyond jurisdiction. On that score, it was pleaded that the gross delay in preferring the same was irrelevant.

(3.) We regret our inability to agree. Where the legislature has expressly provided for an appeal and prescribed the period of limitation, the same has to be honoured by conformance, and not in its breach. It is somewhat elementary that until and unless the appellant crosses the handle of limitation the merits or otherwise of the order under appeal can hardly be looked into.