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Judgment
This is an application in connection with the present appeal for condonation of delay. The delay is over 200 days.
The appeal (WA No.24 of 2024) by NEEPCO from the selfsame impugned judgment and order has already been admitted and it is posted for hearing on 12th February, 2025.
Learned counsel for NEEPCO seeks time to take instructions with regard to condonation of delay.
The appeal by NEEPCO is more or less ready for hearing. The issue or issues involved in the present appeal are similar. Even if NEEPCO objects to condonation of delay and succeeds, the present appeal would only be dismissed on technical grounds and the merits would remain unadjudged. Since the appeal of NEEPCO has not been heard out as yet and is to be heard out on 12th February, 2025 on merits, the interest of justice would be subserved if the present appeal is also heard out on merits.
Condonation of delay in preferring the present appeal would in our opinion cause no prejudice to NEEPCO.
For those reasons, we allow this application for condonation of delay, direct the department to register the appeal and further direct that the present appeal, on the existing papers would be heard out with NEEPCO’s appeal on 12th February, 2025.
MC (WA) No.98 of 2024 is disposed of.