TMI Blog2008 (9) TMI 392X X X X Extracts X X X X X X X X Extracts X X X X ..... f is fixed of hearing before the aforesaid Appellate Authority on 24-9-2008. The Appellate authority may accordingly decide the condonation application before taking the appeal for hearing and delay application may be decided first without any further delay on its own merits so that ultimately if the delay is condoned, the Appellate Authority can proceed further with the hearing of appeal on merits. - 2161 of 2008 - - - Dated:- 16-9-2008 - P.B. Majmudar and A.A. Sayed, JJ. [Judgment per : P.B. Majmudar, J. (Oral)]. - At the oral request of learned Senior Advocate Mr. Aney, respondent Nos. 5 and 6 are permitted to be deleted from the present petition. Cause title be amended accordingly. 2. Heard. 3. Rule. 4. The learned Senio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ound that delay up to 15 days can be condoned, as the appeal is filed beyond 45 days but the same is filed within 60 days and therefore, the delay of 15 days can be condoned, as against that, in the instant case, there is a delay of 7 days in filing the appeal and the same is required to be condoned. It is the aforesaid order which is impugned at the instance of the petitioner. 8. The learned Senior Advocate Mr. Aney for the petitioners vehemently submitted that the order of condonation of delay has been passed without hearing the petitioner and therefore, without giving an opportunity of being heard, the appellate authority should not have condoned the delay. On the other hand, the learned Senior Advocate Mr. Desai for the respondent Nos ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e is required to be heard on the application for condonation of delay and thereafter, appropriate orders can be passed in connection with the condonation of delay. Simply because delay up to particular days can be condoned, is no ground for dispensing with the procedure of hearing other side and right of hearing to other side cannot be said to be dispensed with. In our view, the appellate authority should have heard the other side before passing any order on the application of condonation of delay and thereafter, the appellate authority could have passed the appropriate orders as deemed fit, as the principle of natural justice has to be complied with before passing any order. 11. The learned Advocate Mr. Desai for the respondents submitte ..... X X X X Extracts X X X X X X X X Extracts X X X X
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