“We doubt that the provisions of Section 100A of the Code could be either stretched or interpreted as being intended to cover all appeals that may otherwise be presented or be available to be instituted in terms of provisions contained in special enactments,” the Court reasoned.
The Court, however, added that the LPA remedy would not be available where a special statute subjects the appeal remedy to follow the rules applicable to appeals and embodied in the CPC.
“Once the appeal is made subject to the rules incorporated in the Code, all restrictions to an appeal including Section 100A would get attracted and attached. This since the appeal provision in such a case would be deemed to have consciously adopted all restrictions as put in place under the Code and would override the letters patent provision,” the Court said.
Source: Barandbench
