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2008 (9) TMI 392 - HIGH COURT OF JUDICATURE AT BOMBAYDelay in filing appeal - Condonation of delay - Held that:- It is no doubt true that the appellate authority has jurisdiction to condone delay up to 15 days and in the instant case, the delay is seven days and therefore, the appellate authority has power to condone the delay. However, in our view, even if there is a delay of one day, at least other side is required to be heard on the application for condonation of delay and thereafter, appropriate orders can be passed in connection with the condonation of delay. The learned Senior Advocate Mr. Desai, submitted that the appeal itself is fixed of hearing before the aforesaid Appellate Authority on 24-9-2008. The Appellate authority may accordingly decide the condonation application before taking the appeal for hearing and delay application may be decided first without any further delay on its own merits so that ultimately if the delay is condoned, the Appellate Authority can proceed further with the hearing of appeal on merits.
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