M/S. N. K. PROTEINS LTD vs THE STATE OF MAHARASHTRA AND ANR

Judgment text excerpt

1/20 APEAL 286-19.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.286 OF 2019 WITH CRIMINAL APPLICATION NO.522 OF 2019 WITH INTERIM APPLICATION NO.4193 OF 2023 IN CRIMINAL APPEAL NO.286 OF 2019 M/s.N.K Proteins Limited (Formerly known .. Petitioner as NK Proteins Ltd.) Through Mr. Nilesh K Patel Versus The State of Maharashtra (Through E.O.W. .. Respondents Unit V) and Competent Authority (Through Office of Deputy Collector Land Acquisition) … Mr.Subodh Desai, Sr. Advocate, i/b Amit Ghag for the Appellants. Ms.Rebecca Gonsalvez, SPP for respondent nos.1 and 2. Ms.S S Kaushik, APP for the State. CORAM: BHARATI DANGRE & MANJUSHA DESHPANDE, JJ. RESERVED ON : 17th DECEMBER, 2024 PRONOUNCED ON: 24th JANUARY,2025 JUDGMENT:-(PER 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 Ashish 2/20 APEAL 286-19.doc 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