Justice Bharati Dangre of the Bombay High Court declared that any period beyond the stipulated period during which the Court or Tribunal has discretion to allow a person to commence proceedings cannot be considered the prescribed period.

Observations of the Court

The Bench observed that:

“By referring to the “prescribed period” appearing in Section 4, it was held that it cannot be construed to mean anything other than the ‘period of limitation’. Any period beyond the prescribed period during which the Court or Tribunal has discretion to allow a person to institute the proceedings cannot be taken to be the prescribed period. It was, therefore, held that the appellants cannot claim the benefit of the order passed by the Court on 23/03/2020 for enlarging, even the period upto which the delay can be condoned.”

Judgment

Accordingly, the appeal came to be dismissed.

Case Name: Babasaheb Raosaheb Kobarne & Anr. vs Pyrotek India Private Limited & Ors.

Citation: Writ Petition No. 6191 of 2021

Bench: Justice Bharati Dangre

Decided on: 14th December 2021

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