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TMI Blog2014 (9) TMI 525X X X X Extracts X X X X X X X X Extracts X X X X ..... Upadyay ORDER (Per : Honourable Mr. Justice M. R. Shah) 1. RULE. On advance copy being served Shri R.J. Oza, learned Counsel waives service of notice of Rule on behalf of the respondent in Special Civil Application No.7817/2014 and Shri Hriday Buch, learned advocate, who is a Panel Advocate, waives service of notice of Rule on behalf of the respondent in Special Civil Application Nos.7818/2014 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... came to be dismissed for nonprosecution. The petitioner has also prayed to quash and set aside the order dated 30.10.2013 passed vide order No.A/1154911551/ 2013 in respective appeals by which the learned Tribunal dismissed the applications for condonation of delay in preferring the respective appeals, dismissed the respective appeals as well as the stay applications for nonprosecution. 3. We hav ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing of the learned Tribunal on 30.10.2013 itself and on 30.10.2013 the learned Tribunal rejected the application for adjournment and simultaneously dismissed the applications for condonation of delay in respective Appeals and consequently dismissed the respective Appeals with the applications for stay for nonprosecution. 4. Having heard learned advocate appearing on behalf of the respective parti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ications for stay are restored, it will meet the ends of justice. It is a cardinal principle of law and as observed by the Hon'ble Supreme Court as well as this Court in catena of decisions, normally the cases should be decided on merits rather than nonsuiting them on the technical ground of delay and/or for nonprosecution, unless it is found that there was a deliberate attempt on the part of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... condition that the petitioner shall deposit a sum of Rs. 10,000/per matter with the respondent within a period of two weeks from today and on production of the receipt of the deposit of such amount, the learned Tribunal to consider the respective applications for condonation of delay and thereafter if the delay is condoned, to consider the Appeals as well as respective applications for stay etc. i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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