2008 (7) TMI 706

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..... (J)]. - After examining the records and hearing both sides, we note that there are two applications before us, both filed by the appellant, one praying for condonation of the delay of the appeal and the other seeking waiver of pre-deposit and stay of recovery in respect of the amount of penalty imposed on the appellant. We take up the first application, which is for condonation of the delay o .....

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..... 07 and the medical certificate is dated 31-3-08. These documents indicate that the appellant was admitted in hospital on 14-10-07 and discharged on 19-10-07 with the Doctor s advice for bed rest etc. The discharge summary, which contains mention of the medical advice, does not specify the period of bed rest etc. The medical certificate says that the appellant was under medical treatment from 14-10 .....

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..... appellant that the remedy in law should be promptly resorted to. However, after receiving the Commissioner s order, the appellant appears to have conducted himself in a lackadaisical manner. The heavy delay of the captioned appeal has not been satisfactorily explained either. 4. In the result, this application gets dismissed and consequently the appeal also gets dismissed as time-barred. The st .....

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