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Judgment
O R D E R
Justice M. Venugopal, Member (Judicial):
Heard the Learned Counsel for the Petitioners / Appellants that there is a `delay of 169 days’, in `Refiling’, the instant `Appeal Papers’ / `Type Set of Papers’ / `Paper Book’.
The reason, ascribed, on behalf of the `Petitioners / Appellants’, is that, the communication from the `Registry’, pertaining to the defects, raised in the `Appeal Paper Book’, was not duly communicated to the `Petitioners / Appellants’ herein, and was therefore not vigilant. However, a mere perusal of the `Defects Sheet’, in the instant `Appeal’, indicates that the `defects’, were informed / intimated to Mr. R. Anbalagan, Authorised Signatory, of the Appellants.
Furthermore, upon the same being notified through a letter from the `Registry’, the `Petitioners / Appellants’, had duly rectified the instant `Appeal’, and in this process, there has occasioned a `delay of 169 days’, in `Refiling’, the `Requisite Appeal Papers’, in the instant `Appeal’, which is neither wilful nor wanton, but due to the aforesaid reason.
Be that as it may, this `Tribunal’, keeping in mind of the vital fact that the `delay’, in `Representation’, is a matter between the `Petitioners / Appellants’, and the concerned `Tribunal’ / `Court’, this `Tribunal’, without adopting a hyper technical approach and not adopting a rigid cast iron formula, but takes a lenient and liberal view, in `Condoning the Delay of 169 days’, in `Refiling’, the `Requisite Appeal Papers’, and `Allows’, the instant IA No. 339 / 2023 in Comp. App (AT) (CH) (INS.) No. 98 / 2023, in the interest of Justice. No costs.
The `Office of the Registry’, is directed to `List’ IA No. 342 / 2023 on 17.04.2023, along with the `Requisite Papers’, filed in Diary No. 801 / 2023 dated 13.10.2023. List the main `Company Appeal’, along with the pending `Applications’, on 17.04.2023.