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1990 (2) TMI 156

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..... sought for condonation of delay. Sh. Venkataraman, Sr. Manager, appearing for the appellants, submitted that the delay in filing was on account of the order-in-appeal being received by the appellants in a different office at R P Division, Mourigram Terminal instead of their Marketing Division, Mourigram Terminal. The Marketing Division who received the copy of the order-in-appeal on 30-8-1989, were not aware of the order being delivered to R P Division. Both the offices have not maintained the Inward Register. Nor they are following the procedure of putting initials on the Inward papers and affixing the stamp of their office to indicate the date of receipt. Hence, they are not in a position to state the exact date of receiving the order .....

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..... the normal format. It is typed on a white sheet without even the Cause title or signed by any person. The relevant portion of paras 1, 2 and 4 are reproduced below :- The appeal Order No. 23/CAL-II/89 dated 23-3-1989 is a Consolidated order for Appellants Mourigram Terminal and Port Blair. The order-in-appeal under 23/CAL-II/89 dated 23-3-1989 was endorsed by the Supdt. (CE)(Appeals) on 30-5-1989 issued subsequently appear to had been delivered to Indian Oil Corporation Limited (R P Division) Mourigram Terminal instead of Indian Oil Corporation Limited (Marketing Division) Mourigram Terminal. Since the appeal order was subsequently received from the Pipeline Division, Mourigram on 30-8-1989. x x x x Due to above reason, the appell .....

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..... evidence in support of the appellants contentions. When the matter was taken up for hearing, he expressed his inability to furnish any evidence. The application is also not rectified. The latches and negligence are quite clear in this case which do not call for any condonation. The appellants have not cared even to file a proper application for condonation of delay despite seeking time and at the time of hearing, they have sought for an order on the basis of the unsigned, unverified, unsupported application. Public Sector Undertakings are expected to act with more diligence. As rightly contended by the Departmental Representative, Shri Chakraborty, such type of applications are not entertained by the Tribunal in case of Revenue application .....

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