Technical upload difficulties cannot defeat a genuine appeal where the party is otherwise entitled to be heard.

Technical non-compliance caused by portal or upload difficulties did not justify rejection of the appeal where the delay was found genuine and attributable to those problems. The HC held that a party should not be denied a hearing on such grounds when it is otherwise entitled to pursue the appeal. The rejection order was set aside, and the petitioner was allowed to file the appeal manually and upload the soft copy within the time granted. The appellate authority was directed to take the appeal on record without insisting on limitation, provided it was otherwise in order.

---

---

Issues: Whether the order rejecting the appeal for non-uploading of the soft copy and for delay ought to be set aside and an opportunity granted to the petitioner to have the appeal entertained.

Analysis: The appeal had been rejected solely on the ground that the soft copy was not uploaded because of technical problems. The Court accepted that the delay in filing the appeal was genuine and attributable to difficulties in the upload process. When rejection is founded on such technical issues beyond the control of the party, the appeal should not be declined without giving an opportunity to be heard. In the interest of justice, the petitioner was to be given a further opportunity to pursue the appeal.

Conclusion: The rejection order was set aside and the petitioner was permitted to file the appeal manually and by uploading the soft copy within the time granted, and the appellate authority was directed to take it on record without insisting on limitation if otherwise in order.

Ratio Decidendi: An appeal should not be rejected on account of technical non-compliance caused by portal or upload difficulties when the delay is genuine and the party is otherwise entitled to an opportunity to be heard.

---