J.M. SHELAT, J.

(1) THE question arising in this appeal is whether the appellant companys application bearing the date 20/09/1961, for renewal of a mining lease was time-barred and therefore not a valid application.

(2) THE Company is a public limited company having its registered office in New Delhi and is engaged in quarrying state and marketing the same. The company had secured a perpetual lease, dated March 22, 1879, of certain lands in village Majra and Manhatti in District Gurgaon. The Controller of Mining Leases under powers reserved under Section 16 of the Mines and Minerals (Regulations and Development) Act 67 of 1957 (hereinafter called the Act), read with Rule 6 of the Mining Leases (Modification of Terms) Amendment Rules, 1960, modified the said lease reducing its period so as to expire on 22/03/1962. In consequence of certain correspondence which took place between the company and the Director of Industries, Punjab, the companys secretary met that official on 12/09/1961, when he was advised that the compant should apply for renewal of lease in Form J if it so desired. Consequently, it was said that the company made an application bearing the date 20/09/19