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2023 (11) TMI 975 - MADRAS HIGH COURTComputation of period for filing appeal as time granted by the High Court - whether the word “today” mentioned in the order passed by the Hon'ble Division Bench refers to the date on which the order was passed or to the date on which the order was issued to the petitioner (i.e., the date on which the order was made ready)? - Appeal dismissed on the ground of time limitation HELD THAT:- This Court is of the considered view that the petitioner will be able to file the appeal only when the order copy is received by them, otherwise, the respondent will not entertain the appeal. Therefore, for all practical purposes, the word “today” in the order passed by the Hon'ble Division Bench has to be construed as the date on which the order was ready to issue. In such view of the matter, the word “today” mentioned in the said order refers to the date on which the order copy was issued to the petitioner. Hence, in the present case, since, the order copy was received by the petitioner only on 25.04.2013, the appeal, which was filed on 29.04.2013, was filed well within the period of limitation prescribed by the Hon'ble Division Bench of this Court. The submission of the respondent that the impugned order, which was passed on the ground that the appeal is barred by limitation, is not sustainable. Hence, this Court is inclined to set aside the impugned order passed by the first respondent on the aspect of limitation. Petition disposed off.
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