In the absence of any particular period being prescribed to file an appeal, the principle of ‘reasonable time’ will apply: Supreme Court

While hearing the M/s North Eastern Chemicals Industries (P) Ltd. vs. M/s Ashok Paper Mill (Assam) Ltd. case on December 11, 2023, the Supreme Court bench comprising Justice Abhay S. Oka and Justice Sanjay Karol observed that the principle of reasonable time will apply in case no time limitation is prescribed to file an appeal. The order delivered by the two-judge bench hearing the matter reads, “In the absence of any particular period of time being prescribed to file an appeal, the same would be governed by the principle of ‘reasonable time’, for which, by virtue of its very nature, no straitjacket formula can be laid down and it is to be determined as per the facts and circumstances of each case.”

The SC bench also stated that the Jogighopa (Assam) Unit of Ashok Paper Mills Limited (Acquisition Transfer of Undertaking) Act, 1990 is not governed as per the prescription of limitation defined under Article 116 of the Limitation Act, 1963. During the court proceedings, Senior Advocate Rajashekhar Rao and Senior Advocate Parthiv K Goswami appeared on behalf of the respondent and appellants respectively.