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TMI Blog2012 (9) TMI 343X X X X Extracts X X X X X X X X Extracts X X X X ..... to know about the receipt of Order-in-Appeal though RTI from family members only on 1st week of December when he visited his family member and then immediately arranged for drafting and filing of the appeal but by that time, there was already a delay of 39 days in filing the appeal. Appellant has not made out a case for condonation of delay in filing the appeals before the Tribunal. - E/71, 72 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ubmits that this acknowledgement card indicates the stamp of some unit viz. M/s Arvind Processors, Surat while the appellant s name is M/s Shagun Processors Pvt.Ltd. and hence there is a chance of this Order-in-Appeal being not served upon them. 4. On perusal of the records, we find that the Order-in-Appeal dt.31.03.2010 seems to be having been served upon some unit viz. M/s Arvind Processors, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of 39 days in filing the present appeal, inasmuch as the appellant never received Order-in-Appeal dt.31.03.2010. It is only on application through RTI that copy of impugned order was received vide letter dt.12.07.2011. The date of knowledge of the order is only 12.07.2011. 5. The factory of the appellant is closed since November, 2006 and therefore Director of the appellant lives at its native ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pires from the affidavit filed in support of application for condonation of delay. Subsequently, there is no proper explanation given for condonation of delay as can be seen from the above reproduced grounds in the application for condonation of delay. 7. In view of the foregoing, we are of the considered view that the appellant has not made out a case for condonation of delay in filing the ap ..... X X X X Extracts X X X X X X X X Extracts X X X X
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