JUDGMENT : 1. Learned counsel for the appellant is present. Learned counsel for the respondent caveator is also present. 2. Learned counsel for the parties state that this matter be heard and finally decided at the admission stage and they are both prepare to argue accordingly. 3. Heard learned counsel for the parties and perused record. 4. The U. P. Real Estate Regulatory Authority had decided the dispute between the parties vide order dated 07.04.2018. 5. The present appellant aggrieved by the aforesaid order preferred an appeal before the Real Estate Appellate Tribunal, U.P., Lucknow under section 44 of the Real Estate (Regulation and Development), Act 2016 on 04.06.2018. The office of the Appellate Tribunal reported that the appeal was discrepant in the following terms: 1. The certified copy of order dated 07.04.2018 was not issued by the Real Estate Regulatory Authority, Hapur, and was instead issued by the Tehsildar, Hapur, Pilkhuwa Development Authority, Hapur; 2. The demand draft of Rs.1000/- was prepared in the name of 'Chairman, Real Estate Appellate Tribunal, U.P. Lucknow' instead of "The Real Estate Appellate Tribunal, U.P., Lucknow". 6. Accordingly, the appeal was not accepted and was returned to be presented after removing the said discrepancies. 7. The limitation prescribed for appeal under section 44 (2) of the aforesaid Act (Act No.16 of 2016) is two months. 8. The appellant immediately approached the office of the nominated authority/Vice Chairman, Hapur Pilkhuwa Development Authority for issuance of certified copy of order dated 07.04.2018 on 06.06.2018. Upon inquiry, it was informed that the records relating to the matter had been forwarded to the Real Estate Regulatory Authority at Lucknow. Accordingly, the appellant visited the office of Real Estate Regulatory Authority at Lucknow on 08.06.2018. There, he was informed that the file relating to the matter had been received in that office on 08.06.2018 and a certified copy would be issued only upon verification of the record received. The certified copy was issued on 11.06.2018. The deponent also got the demand draft of statutory fees prepared on 11.06.2018 itself and thereafter preferred the appeal before the Real Estate Appellate Tribunal, Lucknow on 12.06.2018. 9. The learned Appellate Tribunal after considering the circumstances, came to the conclusion that the delay occasioned in filing of the appeal was not sufficiently explained and accordingly, application for condonation of delay was rejected. 10. 9. The learned Appellate Tribunal after considering the circumstances, came to the conclusion that the delay occasioned in filing of the appeal was not sufficiently explained and accordingly, application for condonation of delay was rejected. 10. Aggrieved from the order of the Appellate Tribunal, the present second appeal has been filed. 11. The limitation in the matter extended up to 06.06.2018 while the appeal was filed on 12.06.2018 with a delay of only six days. 12. Initially, the appeal was presented in time and it was for the reason of removing the discrepancies that the period of additional six days went bye. During this period of six days, the appellant has shown that he was running from pillar to post to remove the discrepancies and in the circumstances, the view taken by the learned Real Estate Appellate Tribunal, Lucknow appears to be harsh. It can also be seen that it is settled principle of law that discretion should be exercised in favour of hearing rather than that shutting it out when there was a delay of only five days in filing the appeal and the appellant was making the best efforts to remove the discrepancies as pointed out by the office of the Appellate Tribunal and immediately thereafter he with all promptitude took necessary steps to file the appeal without any inordinate delay. The circumstances should have been considered in its proper perspective by the Appellate Tribunal. 13. It is in the aforesaid circumstances that the impugned order deserves to be set aside. ORDER 1. The order passed by the Chairman, Real Estate Appellate Tribunal, U.P. Lucknow dated 03.08.2018, filed along with the memo of appeal, is hereby set aside. The matter is remanded back to the learned Real Estate Appellate Tribunal, U.P., Lucknow to re-hear the parties on the application under section 44(2) of the Real Estate (Regulation and Development), Act 2016 and to pass orders a fresh thereon. 2. The appeal is disposed of. 3. Let a copy of this order be communicated to The Real Estate Appellate Tribunal, U.P. Lucknow without any delay.