2005 (6) TMI 538

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..... has preferred a second appeal before the Karnataka Appellate Tribunal under the provisions of section 22 of the Act, has approached this court praying for issue of a writ in the nature of mandamus to direct the Tribunal to entertain the appeal of the petitioner before it, independent of the period of limitation prescribed under section 22(2) of the Act. Submission of Mr. Manohar, learned couns .....

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..... delay and issuing directions to the Tribunal to entertain the appeal subject to certain deposits being made, etc., and in terms of the order passed in W. P. No. 28247 of 2002, dated August 14, 2002, prays for issue of similar directions in the present case also. A writ of mandamus lies to direct a public authority to perform a public duty in accordance with the statutory provision if there is .....

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..... osition has been examined in this case, it appears that certain amounts were required to be deposited and in that context, on the petitioner therein undertaking to deposit certain amount within stipulated time that the appellate authority was directed to consider the appeal without raising any objection with regard to the period of limitation, etc. The order at any rate does not lay down any law. .....

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