RISHAB AGRO INDUSTRIES Vs. APPELLATE AUTHORITY

JUDGEMENT

(1.) THIS petition is directed against order dated 9.0.2006 passed by the Appellate Authority for Industrial and Financial Reconstruction, New Delhi (for brevity 'AAIFR') in Appeal No. 21 of 2005 (Annexure P -4). The Tribunal has dismissed the appeal on the issue of limitation by recording a finding that the appeal has been filed after a period of 45 days as provided by Section 25 of the Sick Industrial Companies (Special Provisions) Act, 1985 (for brevity 'the Act'). The appeal was directed against an order dated 17.12.2003 passed by Board for Industrial and Financial Reconstruction (for brevity 'BIFR'). The operative part of the order passed by the AAIFR reads thus:

(2.) SUBSEQUENTLY , they have filed an affidavit enclosing a certified copy of the impugned order which is dated 31.5.2004. In an affidavit filed on 29th Jan., 2005, it has been stated that the copy of the impugned order is dated 17.12.2003 and was received on 30.12.2003 and the appeal was filed on 9th Feb., 2004. It is seen, therefore, that the dates are contrary to those in the check list which was filed along with the appeal memo when they first approached this Authority.

(3.) KEEPING in view the aforementioned factual position, the order dated 9.10.2006 (Annexure P -4) passed by the AAIFR is set aside. The matter is remanded back to the AAIFR for decision afresh on merit. As the matter is lingering on for the last three years and the petitioner has requested for expeditious disposal of the appeal by AAIFR. We direct the AAIFR to dispose of the appeal expeditiously, preferably, within a period of three months from the date of a receipt of copy of this order.