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TMI Blog2019 (9) TMI 1081X X X X Extracts X X X X X X X X Extracts X X X X ..... earance before the appellate authority - HELD THAT:- While rejecting the appeal, the 3rd respondent does not have jurisdiction to record findings on merits by referring to the memorandum of grounds. She prays for setting aside Ext.P5 order and requests resubmission of Ext.P2 appeal after curing the defects noted or by giving suitable reply as is permissible in law - The petitioner is also given li ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is reads as follows: The appeal was posted for hearing on 26.02.2019 and 12.03.2019, the notice was served to the authorised representative of the appellant Sri.Simon PD by Email, as against the notice dt 26.02.2019 the authorised representative filed a request for adjournment to another date, thereby he was given another date of hearing on 12.03.2019 again the authorise ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e that he is liable to submit Kerala Legal Benefit Fund @ 1% for the disputed amount of ₹ 2,05,900/- in order to initiate the appeal but this defect is not yet cured. The appeal is still defective. In the absence of curing this defect the appeal itself is not acceptable as per law. Hence this appeal is herewith Dismissed as Rejected. Hence the writ petition. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 3rd respondent does not have jurisdiction to record findings on merits by referring to the memorandum of grounds. She prays for setting aside Ext.P5 order and requests resubmission of Ext.P2 appeal after curing the defects noted or by giving suitable reply as is permissible in law. The petitioner is also given liberty to make good the deficiency of Kerala Legal Benefit Fund while re-submitting Ex ..... X X X X Extracts X X X X X X X X Extracts X X X X
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