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2022 (5) TMI 1236

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....sued under section 129(3) of the Act. Since the appellate mechanism under the Act was not fully functional, petitioner had approached this Court under Article 226 of the Constitution of India in W.P.(C) No.6417 of 2018. 2. After the Appellate Authority has became fully functional, petitioner expressed its intention to pursue the statutory remedy. On the basis of the aforesaid submission, this Court disposed of W.P.(C) No.6417 of 2018 by judgment dated 04.10.2018 observing that the Appellate Authority, while revoking the limitation, should exclude the time spent by the petitioner in the writ petition. 3. Pursuant to the judgment referred above, petitioner offered an appeal before the second respondent. Despite the finding in the judgme....

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....ubmitted that at the time when the appeal was preferred, there was a confusion regarding the amount payable. In the meantime, this Court had considered the said issue in the judgment in W.P.(C) No.6417 of 2018 that the petitioner is willing to pay the said court fee. In view of the above, learned counsel submitted that the impugned order is liable to be set aside. 5. I have heard Adv.Harisankar V.Menon, the learned counsel for the petitioner, Smt.M.M.Jasmin, the learned Government Pleader for respondents 1 to 4 as well as Sri.S.Manu, learned Assistant Solicitor General of India for the fifth respondent. 6. Smt.M.M.Jasmin, the learned Government Pleader submitted that the direction of this Court in Ext.P2 is not seen considered by the ....