TMI Blog2023 (8) TMI 43X X X X Extracts X X X X X X X X Extracts X X X X ..... gh Court dismissing the appeals [ 2017 (2) TMI 1538 - DELHI HIGH COURT] on the ground of delay of 707 days in refiling - appellant(s) submitted that there was no delay in the filing of the appeals before the High Court but there was delay in refiling and High Court could have condoned the said delay in refiling but has instead dismissed the appeals - HELD THAT:- We find that the delay of 707 d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Rajesh Kumar Chourasia, Adv. Mr. Hemank Kumar, Adv. Mrs. Anil Katiyar, AOR ORDER Leave granted. As per the Office Report, respondent(s) has been served on 06.03.2023, but there is no appearance on behalf of the respondent(s). In the circumstances, we have heard the learned counsel for the appellant(s). The appellant/Revenue is aggrieved by the order dated 06.02.2017 passed by t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dent(s), although served. Having heard learned counsel for the appellant(s) and on perusal of the material on record, including the impugned order, we find that the delay of 707 days has occurred in refiling and not in filing of the appeals. Therefore, in our view, the High Court ought to have condoned the said delay in refiling and heard the appeals on merits rather than dismissing the same wi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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