Technical dismissal for delayed certified copy filing set aside; appeal remanded for merits consideration after hearing.

An appeal filed electronically within time was dismissed only because the certified copy was filed late due to a bona fide mistake. The Calcutta HC held that such a technical dismissal, not based on the merits, warranted interference in the interest of justice. The order was set aside, and the appellate authority was directed to accept the certified copy, afford an opportunity of hearing, and decide the appeal on merits on remand.

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Issues: Whether the order dismissing the appeal on the technical ground of delayed filing of the certified copy was liable to be set aside and the matter remanded for fresh consideration.

Analysis: The appeal had admittedly been filed electronically within time, and the certified copy was filed late due to a bona fide mistake. The dismissal was made only on a technical ground and not on merits. In these circumstances, interference was warranted in the interest of justice, with a direction that the appellate authority consider the appeal on merits after accepting the certified copy and granting an opportunity of hearing.

Conclusion: The impugned dismissal order was set aside and the matter was remanded to the appellate authority for fresh disposal in accordance with law.

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