1997 (12) TMI 446

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..... with reference to the stay application filed by the party, I felt that the main matter itself can be disposed of since the issue is on a narrow compass. Accordingly, the amount required to be deposited for the purpose of hearing the appeal is dispensed with and the main matter was taken up for regular hearing with the consent of both the sides. 2. Heard Shri J.S. Aggarwal, learned Advocate, for .....

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..... ay in filing the appeal but the opportunity has not been availed by the party as can be seen from the order. 4. In terms of Section 35 of the Central Excises and Salt Act, discretionary power vests with the Appellate Authority even to condone delay in filing the appeal for further period of three months. Assuming that there was a delay of one day, in the interest of justice, he should have condo .....

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