Petition to Modify Application Withdrawn, Court Directs Filing Within Three Weeks The petition seeking permission to approach the Tribunal for a modification application was withdrawn with the Standing Counsel's agreement. The Court ...
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Petition to Modify Application Withdrawn, Court Directs Filing Within Three Weeks
The petition seeking permission to approach the Tribunal for a modification application was withdrawn with the Standing Counsel's agreement. The Court directed the petitioner to file the modification application within three weeks, along with a request to condone the delay. The Court expressed confidence that the Tribunal would consider the delay condonation and decide on the modification application based on its merits. The petition was dismissed as withdrawn, with instructions for filing the modification application and requesting condonation of delay.
Issues: 1. Withdrawal of petition seeking permission to approach the Tribunal for modification application. 2. Request to direct the Tribunal to decide on the modification application and condone the delay in filing.
Analysis: 1. The judgment begins with the learned counsel seeking permission to withdraw the petition to approach the Tribunal for a modification application. The counsel pointed out that an argument made before the Tribunal regarding the receipt of the impugned order was not considered in the Tribunal's order. The Standing Counsel had no objection to the withdrawal, and permission was granted for the petition to be dismissed as withdrawn.
2. Following the withdrawal of the petition, a request was made to direct the Tribunal to decide on the modification application and condone the delay in filing. Instead of issuing direct directions, the Court expressed the opinion that the petitioner should file the modification application within three weeks, along with an application for condoning the delay. The Court believed that the Tribunal would consider the condonation of delay and decide on the modification application on its merits, taking into account the time the petition had been pending before the Court. The judgment concluded by dismissing the petition as withdrawn, providing directions for the filing of the modification application with a request for condonation of delay.
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