9911796707
TMI Blog2017 (10) TMI 712X X X X Extracts X X X X X X X X Extracts X X X X ..... eals within time - Held that: - In many judgements, the Hon’ble Apex Court as well as various High Courts, has held that in every case of delay there may be some lapse on the part of the litigant concerned. That this alone is not enough to turn down his plea and to shut the door against him - the appellant has to be given a chance to contest his appeal - delay condoned subject to appellant paying ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ough efforts were made to file the appeals, it did not fructify and thus there was omission in filing appeals within time. There after appellant applied for fair copy of the impugned order and filed a writ petition before the Hon ble High Court. The Hon ble High Court dismissed the writ petition vide order dated 28.4.2017 giving liberty to the appellant to file appeal before the Tribunal accompani ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d had failed to file the appeal as within the prescribed time limit. Even after coming to know that appeals have not been filed, the appellant has sought to file a writ petition before the Hon ble High Court and this has further delayed the matter. He submitted that there are no sufficient grounds for COD and therefore application may be dismissed. 3. We have considered the submissions made by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... such circumstances, we are of the opinion that the appellant has to be given a chance to contest his appeal. However since the delay is huge, the appellant has to be put on terms. We therefore direct that the appellant pay to the Revenue cost of ₹ 25,000/- in Appeal No.C/41049/2017 and an amount of ₹ 10000/- in Appeal No.C/41050/2014 and ₹ 15,000/- in Appeal No.C/41051/2017 whic ..... X X X X Extracts X X X X X X X X Extracts X X X X
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