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NARENDRA HIRAWAT vs. THE STATE OF MAHARASHTRA & OTHERS
(Bombay High Court)

Hon'ble Judges:

SONAK
JITENDRA JAIN
Pet. Counsel
Rahul Thakar
C.b. Thakar
Res. Counsel
Jyoti Chavan

Petitioner / Applicant

NARENDRA HIRAWAT
Respondent THE STATE OF MAHARASHTRA & OTHERS
Court Bombay High Court
State

Maharashtra

Date Dec 16, 2024
Order No.

WRIT PETITION (L) NO. 28395 OF 2023

Citation

2024(12) TAXREPLY 11873
Original Order
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ORDER

P.C.:- 1. Heard learned counsel for the parties. 2. Rule. The Rule is made returnable immediately at the request of and with the consent of the learned counsel for the parties. 3. The petitioner has instituted the appeal before the appellate authority against the order dated 25 April 2022. However, inadvertently, while filing the appeal online, as against the column indicating pre-deposit, no amount was indicated. 4. After this error was realized, the petitioner did make the 10% mandatory pre-deposit from the electronic cash ledger. However, by ignoring this compliance and holding the petitioner to the inadvertent error, the appellate authority has dismissed the petitioner’s appeal by order dated 13 April 2021. 5. Since the pre-deposit has been made, we agree with the learned counsel for the petitioner that such a rigid stand should not have been adopted. This was a case of an inadvertent error and the dismissal of the petitioner’s appeal even after t....

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