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2017 (11) TMI 1238

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..... for one month between 13th March to 12th April, 2017 i.e. the date when the impugned order was passed and served and the uncle of 1st appellant died. Even their action for the subsequent period from 12th April, 2017 to 8th June, 2017 has not been explained. For the reasons aforesaid, the application for condonation of delay is rejected. - Company Appeal (AT) No. 203 of 2017 - - - Dated:- 21-8-2017 - MR. SUDHANSU JYOTI MUKHOPADHAYA AND MR. BALVINDER SINGH, JJ. For The Appellants : Shri Darpan Wadhwa, Senior Advocate assisted by Ms. Tine Abraham, Shri Anurag Misra and Ms. Vatsala Kumar, Advocates For The Respondents : Shri Ananya Kumar and Shri Rajat Joneja, Advocates ORDER This appeal has been preferred by the appell .....

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..... he family of the deceased, who needed the support of appellant No. 1, to not only get through the period of distress but also in the fulfilment of all the last rituals as per the custom and traditions of the family. Since, Appellant No. 1 had to spend considerable time in fulfilling these obligations to the family of the deceased and he himself was in great distress and turmoil, he was not able to devote sufficient time in completing and filing the present appeal leading to the delay in filing the same. 5. The Appellants had then decided to authorize Appellant No. 2, to complete the Company Appeal and file the same before this Hon ble Tribunal. Appellant No. 2 took some time to understand the intricacies of the case since it was Appell .....

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..... a period of forty-five days from the date on which a copy of the order of the Tribunal is made available to the person aggrieved and shall be in such form, and accompanied by such fees, as may be prescribed: Provided that the Appellate Tribunal may entertain an appeal after the expiry of the said period of forty-five days from the date aforesaid, but within a further period not exceeding forty-five days, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal within that period. (4) On the receipt of an appeal under sub-section (1), the Appellate Tribunal shall, after giving the parties to the appeal a reasonable opportunity of being heard, pass such orders thereon as it thinks fit, confirmi .....

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..... arty, be returned for compliance and if there is a failure to comply within seven days from the date of return, the same shall be placed before the Registrar who may pass appropriate orders. (3) The Registrar may for sufficient cause return the said document for rectification or amendment to the party filing the same, and for this purpose may allow to the party concerned such reasonable time as he may consider necessary or extend the time for compliance. (4) Where the party fails to take any step for the removal of the defect within the time fixed for the same, the Registrar may, for reasons to be recorded in writing, decline to register the appeal or pleading or document. 7. From the Rule aforesaid, it is evident that only a .....

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