2024 (12) TMI 930

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....dent No. 3: Mr. Harpreet Kaur a/w Mr. Saransh D. Sonar i/by Mr. Satyaprakash Sharma and Mr. Harshad Shingnapurkar. P.C. (PER JITENDRA JAIN, J.) :- 1. Rule. The Rule is made returnable immediately at the request of and with the consent of the learned counsel for the parties. 2. By this petition under Article 226 of the Constitution of India, the petitioner seeks to challenge the Order-in-Appea....

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....he petitioner filed letter giving details of its filing the appeal physically and as to payment of pre-deposit. 4. On 5 December 2023 and 13 December 2023, representative of the petitioner appeared and made submissions on merits before respondent No. 2. However, on 28 March 2024 respondent No. 2 dismissed the appeal filed by the petitioner on the ground that the pre-deposit had not been made, the....

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....ing their say on the three grounds on which the main appeal came to be dismissed, that is non-payment of pre-deposit, application for condonation of delay and board resolution of authorised person. Even the order rejecting the application came to be passed without hearing the petitioner. 7. In our view, the appellate authority ought to have put to the petitioner the grounds on which he proposed t....