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2019 (1) TMI 1760

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..... of ten days from the date notified for receiving a certified copy of this judgment. Additional memorandum of grounds is duly filed by the petitioner as aforestated, then the 2nd respondent appellate authority shall treat those additional grounds as part and continuation of the appeals and stay applications as already filed. 2nd respondent may afford reasonable opportunity of being heard to the petitioner on the matters raised in Exts.P8 and P10 stay applications and orders may be passed on those stay applications without much delay preferably within a period of six weeks from the date of filing of the aforestated additional memorandum of grounds. It is only for the purpose of preservation of the subject matter of the lis, it is ordered .....

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..... plications are rejected in the light of defective appeals and that liberty was granted to file fresh stay applications as and when the defects are cured. Exts.P7 and P9 appeals as well as Exts.P8 and P10 stay applications have been filed within the stipulated time, it is urged. Further that now, Exts.P11 and P12 proceedings have been issued dismissing Exts.P7 and P9 appeals stating that defects are not cured and that Exts.P11 and P12 orders have been received by the petitioner only on 11.12.2019 etc. 2. It is in the light of these averments that the petitioner has filed the instant Writ Petition (Civil) with the following prayers:- i) to issue a writ of certiorari calling for the records leading to the issuance of Exhibits-P11 and .....

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..... d to take the view that the impugned rejection orders Exts.P11 and P12 would warrant interdiction in these writ proceedings, so that the appeals and stay applications could be decided on merits, after affording reasonable opportunity of being heard to the petitioner. Accordingly, it is ordered that the appeals filed by the petitioner as per Exts.P7 and P9 and the stay applications as per Exts.P8 and P10 will stand remitted to the 2nd respondent appellate authority for consideration and decision afresh and on merits. To effectuate such a remit, it is ordered that the impugned Exts.P11 and P12 rejection orders will stand set aside. Further the learned counsel for the petitioner would point out that the petitioner has not raised some of the re .....

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