Delay in filing appeal excused in limited facts, with direction to entertain and decide the matter on merits.

An appeal filed beyond the prescribed time was permitted to be received and decided on merits where the petitioner asserted later receipt of the order by e-mail and the delay beyond the condonable period was stated to be only about twenty days. In these facts and circumstances, the HC directed the appellate authority to entertain the appeal and dispose of it on merits, without examining limitation, subject to re-presentation within the stipulated time.

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Issues: Whether the appellate authority should be directed to receive and decide the appeal on merits despite the delay in filing.

Analysis: The appeal was filed beyond the period reckoned by the appellate authority, but the Court noted the petitioner's claim that the order was received by e-mail later and that the delay beyond the condonable period was only about twenty days. In the facts and circumstances, the Court found it to permit the appeal to be entertained and decided on merits without examining the question of limitation.

Conclusion: The issue was answered in favour of the petitioner by directing the appellate authority to receive and decide the appeal on merits, subject to re-presentation within the stipulated time.

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