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2021 Supreme(Ori) 120

S.K.SAHOO
Joint Director, Directorate Of Enforcement, Bhubaneswar – Appellant
Versus
Sarosh Yazdani – Respondent


Advocates Appeared:
Mr. Gopal Agarwal, for the Appellant; Dr. Shamsuddin, Mr. S. Mishra, R. Mishra, D. Sahoo, D. Swain, A.R. Sethi, B. Pani, for the Respondent.

JUDGMENT

S.K. Sahoo, J. - The appellant/petitioner Joint Director, Directorate of Enforcement, Bhubaneswar has filed this interim application under section 5 of the Limitation Act, 1963 for condoning the delay of seventy five days in preferring the Criminal Appeal under section 42 of the Prevention of Money-laundering Act, 2002 (hereinafter referred to as PML Act) challenging the order dated 06.05.2019 passed by the Chairman, Appellate Tribunal, PML Act, New Delhi whereby the Appellate Tribunal set aside the order dated 01.12.2015 passed by the Adjudicating Authority under the PML Act, New Delhi in O.A. 29 of 2015.

2. This interim application for condonation of delay has been filed basically on the ground that after receiving the copy of the impugned order dated 06.05.2019 of the Appellate Tribunal on 31.05.2019, decision to prefer an appeal before this Court was taken by the competent authority of the petitioner and in that respect, permission was sought for from the Headquarters of the Enforcement Director, New Delhi and due to procedural formalities, there has been delay in presenting the appeal beyond the prescribed period of limitation of sixty days as provided under section 42

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