Narendra Hirawat Vs State of Maharashtra & Ors. (Bombay High Court)
The Bombay High Court reviewed the case of Narendra Hirawat against the State of Maharashtra, addressing the dismissal of his appeal by the appellate authority. Hirawat had initially filed an appeal against an order dated April 25, 2022, but inadvertently failed to indicate the required 10% pre-deposit in the designated column during online submission. After realizing the mistake, he promptly made the pre-deposit using his electronic cash ledger. However, the appellate authority dismissed his appeal on April 13, 2023, solely based on the initial filing error, disregarding the subsequent compliance.
The High Court ruled that the appellate authority’s decision was excessively rigid and disproportionate, given that the pre-deposit had been duly made. Setting aside the dismissal order, the Court restored Hirawat’s appeal and directed the appellate authority to review and dispose of the case on its merits. The ruling reinforces the principle that minor procedural lapses, when corrected in good faith, should not obstruct substantive legal review.
FULL TEXT OF THE JUDGMENT/ORDER OF BOMBAY HIGH COURT
1. Heard learned counsel for the parties.
2. The Rule is made returnable immediately at the request of and with the consent of the learned counsel for the parties.
