2023 (9) TMI 448

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....umar, Adv. Mrs. Anu K Joy, Adv. Mr. Mohammed Sadique T.a., AOR For the Respondent : Mr. C. K. Sasi, AOR Ms. Meena K Poulose, Adv. ORDER Delay condoned. Leave granted. The appellant is aggrieved by the judgment of the Division Bench of the Kerala High Court which has affirmed the order of the learned Single Judge, by which, the application filed by the appellant herein, seeking restoration ....

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....e matter was pending before the said appellate authority, the appellant availed of the Amnesty scheme introduced by the Government of Kerala. In order to avail of the said benefit under the Amnesty scheme, the appellant withdrew his appeal KVATA 174/2019 pending before the appellate authority. However, the appellant was not successful in availing the benefit of the Amnesty scheme. In the circumsta....

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.... aggrieved by the order of the learned Single Judge, the appellant filed W.A. No.1439/2022. However, the Division Bench of the Kerala High Court dismissed the Intra Court Appeal stating that the appellant had no reason to seek restoration of his appeal on initially withdrawing the same. Hence, this appeal. We have heard learned senior counsel for the appellant and learned standing counsel for the....

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....nce the appeal being a statutory remedy the appellant had availed of such a statutory remedy and withdrawn the same only as a pre-condition for availing the benefit under the Amnesty Scheme. Since the appellant did not avail such a benefit he was entitled to be heard in the appeal on merits. Therefore he sought permission for restoration of the appeal by filing such an application. We find that th....