9911796707
TMI Blog2014 (10) TMI 300X X X X Extracts X X X X X X X X Extracts X X X X ..... appellant was not represented, the order has been passed on merits. The submissions made by the appellants in the appeal memorandum and the papers have been taken into account. If the appellant did not file affidavit of the consultant and did not file the affidavit of the Director by that time and if the same is submitted now it would only mean that the defects or omissions on the part of the appe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Order Nos. 680 to 682/2012, dated 12-10-2012. 2. The learned counsel on behalf of the appellant submits that the order was passed ex prate and therefore the appellant could not present all the facts. Further he also submits that now along with application for restoration, the appellant has filed an affidavit of the Director stating that he had not received the intimation of hearing by the Tribu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ehemently opposes the submissions and states that the order dismissing the appeals and refusing to condone the delay has been passed on merits after considering the submissions made in the appeal memorandum. Therefore if the Tribunal passes any order now it will amount to review of the order which may not be correct. He also submits that the basis for rejection of the application of condonation of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the defects or omissions on the part of the appellant have been made good subsequently. This cannot be considered as an error on the part of the Tribunal at the time of passing the order. I cannot go into the merits of the case for the appellant in seeking condonation of delay when there is no error apparent from the order passed by the Tribunal. Any such order that may be passed would amoun ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
