2008 (3) TMI 590

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..... [Order]. Heard both sides. 2. Shri S.P. Ghosh, ld. Consultant, appearing for the appellants was asked why a copy of the order-in-original has not been filed along with appeal and why the defective appeal has been filed. He replies that the order-in-appeal itself contains the order-in-original and hence the same has not been filed. Such a reply is really strange. Every order-in-appeal r .....

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..... the contention of the appellants that there was no recovery provision, is not sustainable. Hence, the order passed by the lower appellate authority is legal and proper and does not call for any interference. 4. The appeal of the appellants deserves to be dismissed both on the ground of filing a defective appeal as well as on merit. Hence, the same is dismissed. Stay Petition also gets disposed o .....

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