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TMI Blog2015 (10) TMI 1953X X X X Extracts X X X X X X X X Extracts X X X X ..... hat even if sufficient cause is shown the memorandum of appeal cannot be restored on an application filed after three months from the date of rejection in the light of case laws mentioned in Para 3 above. It is noted that for filing an appeal also, Tribunal has the power to condone the delay in filing the appeal and admit an appeal so filed belatedly if sufficient cause is shown. In the present ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... -9-2013. Since the defects were not removed in spite of the opportunities provided the appeals filed by the applicant were dismissed as non-maintainable. 2. Shri A.K. Singh (Advocate) appearing on behalf of the appellant argued that copy of the show cause notice was not readily available. That the copy of the show cause notice was obtained and also furnished a copy of the show cause notice. Lea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... reproduced below :- Rule 11. Rejection or amendment of memorandum of appeal. - (1) The Tribunal, in its discretion, on sufficient cause being shown, accept a memorandum of appeal which is not accompanied by the documents referred to in Rule 9 or is in any other way defective, and in such cases may require the appellant to file such documents or, as the case may be, make the necessary amendmen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o be refiled after removal of defects in the specified time. On representation the Bench concerned may in its discretion either accept the memorandum in terms of 11(1) or reject the same in terms of 11(2) but the appeal/application may not be restored to its original number unless the Bench allows it to be so restored on sufficient cause being shown.] 4.1 The last provision of Rule 11 of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . In the present case also due to non-availability of copy of the show cause notice the applicant could not rectify the defect. In the interest of justice, the delay in filing restoration applications is condoned as the defects have now been removed. Accordingly, we recall our order dated 25-9-2013 and direct the registry to admit the appeals for listing in due course. 5. Restoration applicatio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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