Heard on I.A.No.2792/2024, an application for modification of order dated 9.9.2023 passed in the present case by which the application filed by the applicant against the order of confiscation was dismissed and a month's time was granted to the applicant to avail the liberty granted by the appellate court by filing an application under section 6A(1) of Essential Commodities Act.

2. It is submitted by counsel for applicant that on account of mistake of his counsel, an application for supurdginama was filed instead of filing an application under section 6A(1) of Essential Commodities Act and, therefore, the said application has been rejected. Accordingly, it is prayed that the applicant may be granted further time of one month to file a proper application under section 6A(1) of Essential Commodities Act.

3. It is further submitted that merely because if an application has been filed under incorrect provision of law, still the authority has to consider the said application in light of the prayer clause and accordingly the authority should have decided the application by treating it to be an application under section 6A(1) of Essential Commodities Act.

4. Heard the learned couns