13 July 2021, Tuesday

3 years ago

3. The period prescribed for filing of a petition under Section 34 is mandatory (Delhi High Court)

13 May 2021 | Directorate of Health Services v. Sarvesh House Keeping Services Pvt. Ltd. | (C) 4330 of 2021 | Prathiba M Singh

An application under Section 34 ACA was dismissed on limitation (more than 300 days delay). This was challenged in a writ petition. The High Court noted the argument that the writ petition was not maintainable because the correct remedy was an appeal under Section 37 ACA. The court, however, noted the law on limitation and dismissed the petition, ruling that “considering the settled legal position”, the delay was not liable to be condoned.

Access the decision here.

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