WA.1682/2021 etc. batch Today, the Hon’ble Division Bench consisting of the Hon’ble Mr. Justice R.Mahadevan and the Hon’ble Mr. Justice Mohammed Shaffiq, delivered a judgment in a batch of writ appeal

WA.1682/2021 etc. batch

Today, the Hon’ble Division Bench consisting of the Hon’ble Mr. Justice R.Mahadevan and the Hon’ble Mr. Justice Mohammed Shaffiq, delivered a judgment in a batch of writ appeals filed by the Adjudicating Authority under the Prohibition of Benami Property Transactions Act, 1988, New Delhi, in respect of M/s.Marg Limited. Earlier, the writ petitions were allowed as the adjudication orders are barred by limitation.

After detailed analysis of the facts and legal principles, the Division Bench allowed all the appeals, when there being an efficacious appeal remedy under Section 46 of the Act, where all the contentions, including whether the order has been passed by the Adjudicating Authority in accordance with Section 26 (7) of the Act, could have been raised and decided. In other words, the orders impugned in the writ petitions are well within the timeline as stated under Section 26 (7) and is immune from attack on this ground. However, it is left open to the parties to challenge the orders impugned in the writ petitions before the Appellate Authority under Section 46 of the Act, which authority shall entertain the appeal, if it is filed within 45 days from the date of receipt of this judgment, so as to exclude the time consumed in litigation, in the interest of parties, and in consonance with the general principles of the law of limitation. Except the issue decided, with regard to the validity of the orders passed by the first appellant in accordance with section 26(7) of the Act, all other issues are left open to be decided by the Appellate Authority, in accordance with law.

Ultimately, the Division Bench in unequivocal terms, observed that the appellants should forthwith adopt the practice of uploading the orders passed by the Adjudicating Authority as well as Appellate Authority online in a dedicated website. Such practice of uploading the orders immediately after passing of the same would obviate the situation, such as, the case on hand, and the subsequent procedural delays, after passing of the orders till the communication of the certified copies of the same to the parties, would not in any way affect the validity of the orders of the Adjudicating Authority with regard to the statutory timeline to be followed nor would there be any doubt raised or cast on the actual date of passing of the orders.

 

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