2003 (3) TMI 500

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..... pplication for condonation of delay in filing the appeal by 97 days has been made on the ground that the son of the applicant who happens to be one of the partners was suffering from slip disk since long. The medical certificate dated 17-8-2002 states that he was advised rest till cure. I do not see any certificate which states that he has been cured. The impugned order was passed on 31-1-2002 and .....

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..... the view that each case has to be decided on its own facts. The applicant has not brought out as to what prevented him from filing the appeal and what steps he has taken in regard to filing of the appeal. Moreover the discretionary jurisdiction has to be exercised by the quasi judicial authority not in a whimsical way but in a fair and logical way. In the interest of justice I do not find the matt .....

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