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2012 (10) TMI 934

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..... th him and totally forgot to bring it to the notice of the applicant - Held that:- The gist of the above averments is that the concerned person dealing with the matter in the appellant’s office received the orders and kept the same with him and forgot to hand it over to the appellant. The identity of the concerned person dealing with the matter is not forthcoming. The appellant is a corporate enti .....

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..... Chacko, J. For the Respondent: Mr. N. Jagdish, Superintendent(AR) JUDGEMENT These applications filed by the appellant seek condonation of the delay of 69 days involved in the filing of the appeals. There is no representation for the appellant/applicant despite notice, nor any request for adjournment seen on record. I have perused the records and have found that the impugned order was r .....

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..... in his hand which was covered by plaster and therefore he handed over the drafts of the appeals to the applicant late. It is claimed that, in these circumstances, the appeals could not be filed within the stipulated time. 2. The learned Superintendent (AR) opposes the present applications. According to him, the above explanation of the party is not satisfactory. 3. I have given careful conside .....

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..... ceived those orders is unacceptable. This apart, the averment that the consultant who was entrusted with the work of filing of the appeals met with an accident and suffered fracture in his hand etc. is not supported by any evidence. In the result, there is no cogent explanation of the delay of 69 days involved in the filing of the appeals. The COD applications get dismissed and consequently the ap .....

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