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Judgment
An appeal has been filed under Rule 8(5) of the Securities Appellate Tribunal (Procedure) Rules, 2000 before me. The Registrar by an order dated January 05, 2023 had declined to entertain the appeal on the ground that inspite of sufficient time being granted to the appellant through various emails dated October 10, 2022, November 23, 2022 and December 14, 2022 the office objections were not removed, namely, physical copies of the memorandum of appeal were not filed and requisite court fee were also not deposited.
During the course of the hearing of the appeal, the learned counsel candidly submitted that the delay in the deposit of court fee and physical copy of the memorandum of appeal could not be filed on account of the file being lost by their office and that the appellant was not at fault.
The Registry has now informed that the court fee as well as physical copy of the memorandum of appeal has been received in the Registry on March 13, 2023 and that there are no further defects.
In view of the aforesaid, on account of the fault committed by the advocate of the appellant I am of the opinion that the litigant should not suffer for the fault committed by the advocate.
The appeal, though filed belatedly without any application for condonation of delay is allowed in the interest of justice subject to payment of cost of Rs. 5,000/- by the advocate/ solicitor firm which shall be deposited by means of a demand draft in favour of the Tribunal on or before June 16, 2023 failing which the appeal would be consigned to the record without any further orders.
Upon deposit of the court fee, the Registry will list the appeal for admission before the Tribunal. The appellant will also ensure service of physical copies of the memorandum of appeal upon the respondent. The appeal is allowed.
This order will be digitally signed by the Private Secretary on behalf of the bench and all concerned parties are directed to act on the digitally signed copy of this order. Certified copy of this order is also available from the Registry on payment of usual charges.