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2019 (4) TMI 751 - KERALA HIGH COURTCondonation of delay of 431 days in filing appeal - filing o appeal before the tribunal after dismissal of writ by the HC - Tribunal refused to condone the delay on technicalities - Held that:- It is well settled principle of law that, in dispensation of justice the judicial authorities should consider and dispose of the causes on merits to the extent possible, rather than dismissing them on technicalities. It is always left open to the judicial authorities to consider the question regarding the condonation of delay with a liberal attitude. Power is also left with such authorities to impose reasonable costs for condoning the delay, in order to compensate the prejudices and hardships which will be caused to the opposite parties. The Tribunal ought to have considered the prima facie merits of the appeal and ought to have considered the question of condonation of delay even on the basis of imposing costs - Having been failed in taking such an approach, there occurred a miscarriage justice in dismissing the appeal consequent to dismissal of the delay condonation application, which need to be rectified. The delay condonation petition filed before the Tribunal will stand allowed subject to condition of the appellant depositing 15% of the existing demand in addition to the amounts already deposited before the authority concerned, within a period of one month from today - appeal allowed.
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