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2024 (9) TMI 1680

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..... stituted, in order to adjudicate the writ petition on merits, the same would require not only scrutiny of records but decision on factual issues - Having regard thereto, it would be prudent at this stage to remand the matter back to the Appellate Authority for a decision on merits especially considering the fact that there was a marginal delay in filing the appeal. Petition disposed off.
RAJA B .....

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..... e appeal. The Appellate Authority, however, by ignoring the explanation by its order dated 9th May, 2024 had rejected the said appeal. He submits that in the facts noted hereinabove, since the appellate tribunal is not available, this Hon'ble Court may be pleased to hear out the writ petition on merits, or in the alternative remand the matter back to the Appellate Authority for a decision on merit .....

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..... ellate Authority for a decision on merits especially considering the fact that there was a marginal delay in filing the appeal. 6. Accordingly, the order passed by the Appellate Authority on 9th May, 2024 is set aside. The matter is remanded back to the Appellate Authority with a direction to hear out and dispose of the appeal on merits, as expeditiously as possible preferably within a period of .....

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