TN THE H ‘H C " F TUDICAI Ubih A1 BILAS?UR, FL L AWC DU WWW WWM4 Nu 44 24: 2034 FE '1 i 1 i-SNEFS / / M‘mvg hem and. bfeel L Vliiage wagon Tehmi rieina District Bi1a3§m Chhattisgarh Vmac'e Davori TehGil Belha Dxbcnd Dndbpux Cbhatfisgal‘h VbKbUS g1 “u? F R ATICL A. W EHWOM U TDF RE 21 A QR GRDEBS x { _ WHIU'I’IONT 0": WWIA FUR LaSUaNCE Or WF‘T 11"; I’ATW“ “ (TR -LTARI MANDAN‘U‘s UQAE—aml'rwm fM” “Tr: k “uygABLh w}: m; mn‘ygri‘ Wig {Ty} mma i u N? smw'gw“ \ O W u TH REsPONDENTS Board for Industrial and Financiai “ll; ' < v Remnstmciian Iawahar Vayapar Ehawan '1, Tols'wy Iviarg New DeLhi — 110001. PhaLm‘nn mti hm / huuma‘uu 1 uuLuICE LGI?GI"ii ii ofIndh IFC ‘l Towm‘ U1 Nchru 1 lace Ncw ueuu General Managézr Unit Trusi 0f india (UTI) 13, b” V iLm'daQ Tha-Vker y Mafg M Gafhl" .1uiiuwi XI-HC-78 WW m In zoo mm (ma) ‘ mmw 3211mm mmm WM wm avamm 21.12.2004 Shxi Vivek Tankha, Senior Shri Rahul Shanna & Shn' B.D. C Shri RS. Jaiswal, counseli Learned Scm'or Counsél for of Secu‘cn 25 of Sick Industrial 4 1985 {in shcrt ‘SICA’I the petitio: befone the Appellata Tribunal wi' order. He further submits that on 3.11.2003 no Appella’m Auth appeal and the ParHament annou but that has not been notijied so 2004 the Centml Govemment op Authority started functioning, functioning in the month of Ju month of October, 2004 the funcu‘oning Therefore, the petitio unthm the prescnbed penod Authontv We m the abov tins wrlt pentmn has been 016d. On the other hand counse since the Appellate Authon'ty s April, 2000 and functioned upto have prefened an appeal during th pounsel with Shn‘ H.K. Upadhyaya, +uru, counsel for the petitioners. br mspoudent No.2—Corporation. thc pctitioners submits that in visw 30mpam'es (Special Provisions) Act, lers wem required to $e an appeal bin 45 days from the date of the Iity was functioning for fning the ced Iepeal‘of the Act on 1. 1.2004, ar. However, in the month of April, ointed the Appellate Authority and ut again the Authority stopped e, 2004 and now again nom the Appellate Authority has started ers were not able to tile the appeal limitation befoxe the Appellate facts and circumstances, perforce for respondent No.2 submits that ed functioning in the month of une 2004, the petitioners ought to .at period; XI-HC-—7B Wm ............................. .....................“i 200 MW (Wu) WWW WWW _ WWW mm ft€m Having heard 1ea1ned couilsel for the parties, having reganiv to case and having regaxd to the fact that from the date of passing of ' pugned order dated 3. 11.2003 tj}1 the expiry of period of lim $Wm the facts 311d circnmstances of functioning, as such the petition rs have flied thie petition and now functioning at New Delhi, the appeal along with stay applicah‘on ihin ’a period of two weeks nom today and on hling such an a 1 by the petitioners, the Appellate Authority shall consider the appeai on its own merits as Well as on stay and decide the same in accordance with law. Since the delay has occurred on account of nonatimcn‘oning of the Appellate Authority at the time of passing of the. impugned order that should not be considered as an impediment in filing and hearing of the appeal. the Appellate Authority has petitioners are directed to iiie before the Appellate Authority p a With the aforesaid directior; the petition stands disposed of. Consequently, M.W.P. No.4779/04 8r, 8937;04 also stand disposed of. f Certihed copy as per rules; sw— L.C.BHADOO Judge i d s i