CS Executive · Setting Up of Business, Industrial and Labour Laws · Setting up of Business outside India and Issues Relating thereto
A seizure order under section 37A was made on 1 January. A court stayed the proceedings for 50 days, and the stay was vacated and communicated on 20 June. How is the 180-day period for the Competent Authority to dispose of the petition treated?
The period of court stay is excluded from the 180 days, and at least thirty more days are granted from the date the vacation of the stay is communicated. The period neither restarts in full nor lapses the seizure.
- AThe stay period is excluded and at least thirty further days are granted from communication of vacation of stayCorrect
- BThe stay period counts, with no extension
- CThe period restarts afresh at 180 days after vacation
- DThe seizure lapses automatically when the stay is vacated
Explanation
The Explanation to section 37A(3) says the court stay period is excluded from the 180 days and a further period of at least thirty days is granted from the date of communication of vacation of the stay. It does not restart the whole period or lapse the seizure.
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