Petitioner's Appeal Acknowledged, Delays Considered for Condonation The petitioner's challenge to the Order in Original dated 11th December, 2019 was acknowledged as appealable, leading to the petition not being pursued ...
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Petitioner's Appeal Acknowledged, Delays Considered for Condonation
The petitioner's challenge to the Order in Original dated 11th December, 2019 was acknowledged as appealable, leading to the petition not being pursued further. The appellate authority was requested to consider the time elapsed from filing the writ petition until the present date for condonation of delay in filing the appeal. The issue of cross-examination was not pressed, with the intention to raise it before the Appellate Authority. It was directed that the Appellate Authority should factor in the time consumed for condonation of delay in filing the appeal when the petitioner files an appeal against the Order in Original. The writ petition and related stay application were disposed of, concluding the legal proceedings.
Issues: 1. Challenge to the Order in Original dated 11th December, 2019. 2. Direction for appellate authority to consider time consumed from filing writ petition till present for condonation of delay in filing appeal. 3. Questions of cross-examination not pressed and to be raised before the Appellate Authority. 4. Appreciation of time consumed for condonation of delay in filing appeal when appeal is preferred. 5. Disposal of the writ petition and related stay application.
Analysis: 1. The petitioner's counsel acknowledged that the Order in Original dated 11th December, 2019, being challenged, is appealable, leading to the petitioner not pressing the petition further. 2. The petitioner's counsel requested the appellate authority to factor in the time taken from filing the writ petition until the present date when considering the application for condonation of delay in filing the appeal. 3. The issue of cross-examination, extensively discussed, was not pursued at this stage, with the intention to raise it before the Appellate Authority for resolution. 4. It was directed that when the petitioner files an appeal against the Order in Original, the Appellate Authority should take into account the time elapsed from the filing of the writ petition until the current date while deciding on the condonation of delay in filing the appeal. 5. With the disposal of the writ petition, the related stay application was also disposed of accordingly, bringing an end to the legal proceedings in this matter.
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