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2019 (11) TMI 735

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..... 2016; whereas the defect was only pointed out in the year 2018. The court fee of ₹1,000/- was paid on 18th April, 2018. Nonetheless, defect was pointed out on 20th March, 2018 and immediately thereafter, on 18th April, 2018 the court fee of ₹1,000/- was paid by the petitioner. Thus, it cannot be said that the Revision Application, which was preferred by the petitioner, was barred by any limitation. This aspect of the matter has not been appreciated by the Revisional Authority while deciding the Revision Application. Revision Application is revived at its original number and the same will be decided by the Revisional Authority on its own merits in accordance with law - Petition allowed. - W.P.(C) 9159/2019 - - - Dated:- 3 .....

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..... rnational Ltd., 2014 (35) STR 30 (Allahabad) that, no court fee to be paid by the petitioner in Revision Application. It is further submitted by the counsel for the petitioner that the present case, as well, an application was preferred by the petitioner for a drawback claims, the same was not allowed by the respondent, and the impugned order was passed on 19th May, 2015 (Annexure P-3 to the memo of this writ petition), against which an appeal was preferred by the petitioner, which was dismissed vide order dated 15th March, 2016 (Annexure P-2 to the memo of this writ petition), which was dismissed. 3. Thereafter, a Revision Application was preferred on 14th June, 2016. It has been pointed out that the Revisional Authority has no .....

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..... petitioner. Thus, it cannot be said that the Revision Application, which was preferred by the petitioner, was barred by any limitation. This aspect of the matter has not been appreciated by the Revisional Authority while deciding the Revision Application as stated hereinabove. 5. We therefore quash and set aside the order passed by the Revisional Authority dated 6th August, 2018 (Annexure P-1 to the memo of this writ petition). Revision Application is revived at its original number and the same will be decided by the Revisional Authority on its own merits in accordance with law and on the basis of evidence on record as well as after giving adequate opportunity of being heard to the petitioner as early as possible and practicable, p .....

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