IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BHARATI DANGRE, MANJUSHA DESHPANDE
N.K Proteins Limited (Formerly known as NK Proteins Ltd.), Through Mr. Nilesh K. Patel – Appellant
Versus
State of Maharashtra (Through E.O.W. Unit V) and Competent Authority – Respondent
JUDGMENT :
(BHARATI DANGRE, J.)
1. The Appeal filed under Section 11 of the Maharashtra Protection of Interest of Depositors (In Financial Establishments) Act, 1999, raise a challenge to the order passed on 1/01/2019 (Exhibit 2) by the designated MPID Court of Sessions for Greater Mumbai, in Miscellaneous Application No.1512 of 2017, in MPID Special Case No.1 of 2014, thereby accepting the reasons and justification advanced by the Competent Authority, in filing an affidavit as contemplated under Section 5(3) of the Maharashtra Protection of Interest of Depositors (In Financial Establishments) Act, 1999 under Exhibit 256, beyond period of 30 days.
2. We have heard learned senior Advocate Mr. Subodh Desai, along with Mr. Amit Ghag for the appellant and Ms. Rebecca Gonsalvez, the Special Public Prosecutor for respondent nos.1 as well as the Competent Authority i.e. respondent no.2.
A short question arises for consideration in the present appeal is whether the Limitation Act, 1963 can be made applicable to the Maharashtra Protection of Interest of Depositors (in Financial Establishments) Act, 1999 and in specific to Section 5 (3) thereof.
An ancillary question, which falls for consideration
The Limitation Act, 1963 applies to the Maharashtra Protection of Interest of Depositors Act, 1999, allowing for the condonation of delay in filing affidavits unless expressly excluded.
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