9911796707
TMI Blog2025 (2) TMI 550X X X X Extracts X X X X X X X X Extracts X X X X ..... authority ought to have appropriately considered the application for condonation of delay filed by the petitioners. The appellate authority, however, appears to have rejected the appeal on the ground of limitation by, inter alia, holding that the delay can only be condoned provided the same is filed within the period of one month of the time prescribed. The aforesaid observation made by the appellate authority runs counter to the observation made by the Hon ble Division Bench of this Court in the case of S. K. Chakraborty Sons v. union of India Ors. [ 2023 (12) TMI 290 - CALCUTTA HIGH COURT] . The delay in preferring the appeal is condoned - The appellate authority is directed to hear and dispose of the appeal, on merit, upon giving an oppo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... peal under the provisions of Section 107(6) of the said Act, there had been delay in filing of the appeal. In such circumstance, the petitioners had also filed an application on 11th June, 2024 explaining the delay in preferring the appeal. According to the petitioners, the appellate authority without appropriately taking note of the grounds for condonation of delay had rejected the appeal, inter alia, on the ground that appellate authority is competent only to condone the delay provided the appeal is filed within the period of one month beyond the time prescribed. He submits that the aforesaid order is perverse. In the facts of this case this Court may be pleased to restore the appeal by condoning the delay. Mr. Siddiqui, learned advocate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n made by the Hon'ble Division Bench of this Court in the case of S. K. Chakraborty & Sons v. union of India & Ors., reported in 2023 SCC Online Cal 4759. The aforesaid would demonstrate that the appellate authority had failed to exercise the jurisdiction vested in it. Having regard to the above and taking note of the explanation given by the petitioners while setting aside the appellate order dated 18th September, 2024, I condone the delay in preferring the appeal. Accordingly, I direct the appellate authority to hear and dispose of the appeal, on merit, upon giving an opportunity of hearing to the petitioners, within a period of eight weeks from the date of communication of this order. With the above observations and directions, the wr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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