M/s. Stan Commodities Pvt. Ltd. vs The Union of India and Others

Heard counsel for the parties. As per the facts, it appears that the petitioner''s appeal was dismissed by the order dated 30th November, 2009 as it was barred by time and according to the law, the appellate authority could have entertained the appeal, if it would have been filed within 60 days and the delay could have been condoned, had the appeal been delayed by 30 more days, i.e. 30 days from 60 days of the period of limitation and after that period of limitation, appellate authority had no jurisdiction to condone the delay. The appellant preferred the appeal after a delay of approximate 9 months and specifically it was delayed by 607 days as is apparent from the order dated 30th November, 2009 and thereafter the appellant filed mercy appeal which has not been considered yet.

We are, however, not concerned whether the mercy appeal is maintainable or not. Before us the challenge to the order dated 30th November, 2009, is also not by which the appellate authority rejected the appeal of the petitioner holding it to be barred by time, the period within which the authority could have condoned the delay. Thus, we do not find any just reason to interfere with the order dated 30th November, 2009, as the authority admittedly had no jurisdiction to condone the delay. It will be appropriate to mention that in this writ petition, the order dated 30th November, 2009 is not under challenge and straightway the original order has been challenged without challenge to the order of dismissal of the appeal. Therefore, this writ petition is dismissed having no merit.