2019 (9) TMI 244

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..... ability of appeal - appeal was filed belatedly without any condonation application - HELD THAT:- Once appeal was registered, without noting any delay and without notice to the appellant, the Appellate Authority could not have held that the appeal was not maintainable as it was barred by limitation. It is to be noted that the appeal was not found defective as it was unaccompanied by any delay pe .....

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..... the appeal is purely an administrative matter within the office. That cannot be reckoned for the purpose of limitation. There is no delay in filing appeal - appeal restored. - WP(C). No. 17252 of 2019 - - - Dated:- 27-6-2019 - MR A. MUHAMED MUSTAQUE, J. For The Petitioner : ADVS. SRI. JOSEPH KODIANTHARA (SR. ), SHRI. ALEXANDER JOSEPH MARKOS, SHRI. SHARAD JOSEPH KODAN .....

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..... of Appeal, by Ext. P7 order, rejected the appeal stating that it is not maintainable as it was time barred. This order is under challenge in this writ petition. 2. It is to be noted that the appeal was not found defective as it was unaccompanied by any delay petition and the appeal was registered. If there was any delay involved, the Office ought to have brought it to the notice of .....

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