The High Court of Delhi disposed of the appeal and pending applications by directing the Adjudicating Authority to treat the limitation period as a preliminary issue and decide it by a speaking order before proceeding further.
Direction to Adjudicating Authority to decide preliminary issue of limitation period by speaking order.
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M/S ASHITA IMPEX PVT LTD & ANR ..... Appellants Through: Mr. Dayan Krishnan, Sr. Adv. with Mr. Neeraj Chaudhari, Ms. Saakshi Agrawal, Mr. Vivek Mathur & Ms. Deepabali Dutta, Advs.
versus
UNION OF INDIA ..... Respondent Through: Mr. Amit Mahajan, CGSC for UOI with Mr. Madhav Chitale, Adv.
CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE V. KAMESWAR RAO
O R D E R
% 06.12.2018
Having heard learned counsel for the parties, we are of the considered view that the appeal can be disposed of by directing the Adjudicating Authority to consider as a preliminary issue the question with regard to the complaint being beyond the period of limitation or the reasonable period and the appellants’ contention on this issue be considered and decided by a speaking order before proceeding further in the matter.
With the aforesaid, the appeal is disposed of. The pending applications also stand disposed of.
CHIEF JUSTICE
V. KAMESWAR RAO, J
DECEMBER 06, 2018 kks
M/S ASHITA IMPEX PVT LTD & ANR
UNION OF INDIA
V. KAMESWAR RAO
As recorded by the court registry
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