Improper service of appellate notice and disputed limitation led to setting aside the appellate order and remand for fresh hearing.

Notice fixing the appellate hearing was sent to an address different from the one stated in the appeal, and that defect in service vitiated the fairness of the hearing; the notice-based appellate order could not stand. The Court also found that the appeal was not properly treated as time-barred on the material placed, because the petitioner asserted a later receipt date for the original order and dispatch of the appeal within the prescribed period; the limitation finding could not be sustained. The impugned appellate order was set aside and the matter remanded for fresh hearing with proper notice and a speaking order.

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Issues: (i) Whether the notice fixing hearing of the appeal was served at the wrong address and whether the appellate order could stand on that basis; (ii) whether the appeal was wrongly treated as time-barred despite the petitioner's plea regarding the date of receipt of the original order and the date of dispatch of the appeal.

Issue (i): Whether the notice fixing hearing of the appeal was served at the wrong address and whether the appellate order could stand on that basis.

Analysis: The notice for hearing was sent to an address different from the one stated in the appeal, and the defect in service went to the fairness of the hearing.

Conclusion: The issue was decided in favour of the petitioner, and the notice-based hearing could not be sustained.

Issue (ii): Whether the appeal was wrongly treated as time-barred despite the petitioner's plea regarding the date of receipt of the original order and the date of dispatch of the appeal.

Analysis: On the petitioner's showing, the original order was received later than the date relied upon for computing limitation, and the appeal was stated to have been posted within the prescribed period.

Conclusion: The issue was decided in favour of the petitioner, and the finding of limitation could not be sustained on the material placed before the Court.

Final Conclusion: The impugned appellate order was set aside and the matter was sent back for fresh hearing with a direction to issue proper notice and pass a speaking order.

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