2008 (12) TMI 365

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..... from the date of the order. Apart from this reason, Tribunal has not assigned any other reason for rejecting the application filed by the petitioner. Held that-the delay is condone if sufficient reason exist thus, the Tribunal is expected to find out whether the applicant has shown sufficient cause. The Tribunal is directed to restore the appeal. - 34529 of 2008 (I), - - - Dated:- 4-12-2008 - .....

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..... d been filed by the petitioner/appellant. In that application the petitioner has stated the reasons for approaching the Tribunal belatedly. 3. The Tribunal, by its impugned order has rejected the appeal, solely on the ground, that, in the original order passed, there is a mention that, if for any reason, the petitioner is aggrieved by the original order, he has to question the same within 90 day .....

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..... e Tribunal cannot come to the conclusion that, sufficient cause is not shown by the applicant in approaching the Tribunal belatedly. 5. In the instant case, the petitioner has shown sufficient cause in approaching the Tribunal belatedly. In our considered opinion, the delay in filing the appeal ought to have been condoned by the Tribunal and ought to have decided the appeal on merits. In that vi .....

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