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2003 (9) TMI 678

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..... both sides. 2. Ld. Counsel pleads that a copy of order-in-appeal is stated to have been pasted on 19-9-2000 at the gate of the factory, whereas the endorsement made on the order is stated to be of 10-5-2000. The despatch and the date of pasting is 19-9-2000. He strongly pleaded that the order-in-appeal has been received by the appellant through Range Officer on 23-7-2002 and they have filed appe .....

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..... of the order before 23-7-2002 cannot be accepted for condoning the inordinate delay. 3. The ld. DR strongly pleads against the restoration of appeal or condonation of delay keeping in view the fact of the appellants of not having filed the required affidavit. 4. I feel that in the interest of justice, the order of the Tribunal dated 4-2-2003 needs to be recalled. Therefore, I recall the order .....

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