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2024 (3) TMI 389 - MADRAS HIGH COURTSeeking exemption from payment of pre-deposit as a condition for entertaining the appeal - time limitation - HELD THAT:- The right to appeal flows from the statute and can only be exercised subject to conditions specified therein. In these circumstances, a mandamus cannot be issued to direct the respondent to deviate from statutory prescription - The order sought to be appealed against was issued on 14.09.2023. The period of limitation is 90 days and the appellate authority is empowered to condone a delay up to 30 days for sufficient cause. Consequently, the appellate authority would have been in a position to condone delay if the appeal had been filed up to mid January 2024. Since the period of further delay is less than one month and the petitioner had invoked the jurisdiction of this Court, it is just and appropriate to direct the appellate authority to receive and dispose of the appeal on merits. Petition is disposed of by permitting the petitioner to file a statutory appeal.
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