9911796707
TMI Blog2002 (2) TMI 1022X X X X Extracts X X X X X X X X Extracts X X X X ..... un, SDR, for the Respondent. [Order per : G.A. Brahma Deva, Member (J) (Oral)]. In support of the application filed by the party, Shri Shivadas, submitted that there was no delay in filing the appeal inasmuch as appeal was presented before the Tribunal within the stipulated time from the date of the receipt of the order. However, for the safer side an application was filed explaining the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h was pasted on the residence of Shri Chaddha. Further, he said that he has not received any communication from the concerned Collector inspite of several reminders. At last, the legible copy of the impugned order was supplied to the party only on 26-2-2001. Since he could not get the legible copy inspite of the reminders, for the safer side he presented an appeal to the Tribunal accompanied with ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appears that the Department has taken some steps in the beginning to serve the copy on the appellants. It is also surprising to note that Department has attempted to serve the notice on the head office of the Company after passing the order and in fact earlier to passing the order, the Department used to serve the notices on the party s address at New Delhi. Be that as it may. As per the records, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a legible copy and since there was no response, he had no alternative but to file an appeal against the said torn copy. We find that there was neither negligence nor allegiance on the part of the party in the instant case. In the facts and circumstances, and in view of the submissions made by both sides, we are of the view that not only there is a cause but sufficient cause was shown by the party ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o the Board Circular as well as Case Law, if any, and that can be looked into in detail at the time of regular hearing. At present, we are not convinced that strong prima facie case is in favour of the party. Since the matter is arguable, we are of the view that ends of justice would be met if the party is asked to pay a sum of Rs. 7 lakhs for the purpose of hearing the appeal. In the view we have ..... X X X X Extracts X X X X X X X X Extracts X X X X
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