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1986 (6) TMI 131

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..... on excepting stating that the order appealed against was received on 11.1.85, no other particulars was given. As a matter of fact the extent of delay was also not indicated. 2. This application came up for consideration before the Bench on 8-5-1986. On that date the learned departmental representative, Shri G.D. Pal sought for an adjournment for filing the Collector's affidavit. The matter was ad .....

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..... ed later or when the Collector came to know about the file marked to A.O. The delay in this case is more than a year. As per the law laid down by the Supreme Court, each day's delay has to be explained. There is hardly any explanation for this undue delay. The learned Advocate for the respondent cited various decisions of the Tribunal in the matter of condonation of delay. I do not consider it nec .....

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..... that the department was under the misconception that the delay condonation is a matter of course. As stated earlier in order to condone the delay even if the delay is only a day the Tribunal has to be satisfied that the party was prevented by sufficient cause and not any cause from filing the appeal within the prescribed period. The contention of Shri Pal that public interest is involved is insuf .....

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