2023 (5) TMI 559

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..... : C.S.C. ORDER HON'BLE DINESH KUMAR SINGH, J. 1. Heard Mr. Suyash Agarwal along with Mr. Alok Singh, Advocates for the petitioner, as well as Mr. Sanjay Shareen, learned Additional Chief Standing Counsel, for respondents-State Authorities. 2. This petition under Article 226 of the Constitution of India has been filed, seeking setting-aside of the order dated 27.02.2023 passed by the Additi .....

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..... rescribed period of three months from the date on which the said order is communicated to the person concerned. Sub-Section (4) of Section 107 of the Act, 2017 provides that the appellate authority may, if it is satisfied that the appeal was prevented by sufficient cause from presenting it within the period of three months, may allow it to be presented within a further period of one month. 5. Bar .....

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..... smissed only on the ground that it was beyond 120 days, and not within 120 days. 6. Mr. Sanjay Shareen, learned Additional Chief Standing Counsel, does not dispute either legal position or the factual position. 7. In view thereof, the appeal is restored to its original number, and the appellate Authority is directed to proceed with the appeal, and decide the same on merit, expeditiously, in acco .....

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