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Apr 29, 2023

NCLAT Dismisses an Application For Appeal Due to Delay Beyond the Limitation Period

House of Diagnostics LLP (‘Appellant’) filed the appeal against the CCI under Section 53B of the Act challenging an order under Section 26(2) of the Act, along with an application for condonation of delay of 40 days.[1]

Appellant’s reason for a 40 day delay in filing the appeal was due to time-taking negotiations which ultimately didn’t result in an amicable settlement. The CCI contended that after the Appellant received the last email indicating negotiations were over, the Appellant still had 9 days for filing the appeal. NCLAT noted that Appellant did not make any effort to file the appeal within this period, and filed an appeal under Section 53B of the Act delayed by 40 days beyond the expiration period. NCLAT dismissed the appeal without condoning the delay for lack of sufficient reason.

 

[1]  Competition Appeal (AT) No. 54 of 2022.

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These are the views and opinions of the author(s) and do not necessarily reflect the views of the Firm. This article is intended for general information only and does not constitute legal or other advice and you acknowledge that there is no relationship (implied, legal or fiduciary) between you and the author/AZB. AZB does not claim that the article's content or information is accurate, correct or complete, and disclaims all liability for any loss or damage caused through error or omission.

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