In a recent judgment, the Madras High Court directed the adjudicating authority to decide the maintainability of a statutory appeal filed by the petitioner who was unable to access the online portal of filing on account of some technical glitches.
Sundaram Clayton Limited, the petitioner filed a writ petitioner under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the Joint Commissioner of appellate authority to decide the question of maintainability of an appeal filed by the petitioner.
N. Prasad, the counsel for the petitioner contended that the petitioner has filed the appeal manually and on time since it was unable to access the online filing portal on account of certain technical glitches.
Further submitted that it was necessary to issue a writ of mandamus for the interest of justice in the present petition to decide the maintainability of the statutory appeal filed by the petitioner.
V.Prashanth Kiran, the counsel for the respondent contended that the writ petitions would assuage the apprehensions of the petitioner regarding recovery proceedings and the Deputy Commissioner confirmed that no recovery would be initiated till a decision was taken on the maintainability of the appeals.
The Court observed that it was necessary to direct the adjudicating authority to decide the maintainability of the statutory appeal filed by the petitioner in the interest of the principle of natural justice.
A single-member panel Justice Anitha Sumanth held to direct the officials to the decision taken about the maintainability of the statutory appeal filed by the petitioner.
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