2016 (9) TMI 1419

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..... C. ORDER No. [Order per: Sulekha Beevi, C.S.] The above application seeking COD has been filed by the appellant along with the appeal. Today when the matter came up for hearing, the appellant has filed an application seeking adjournment of the matter on the ground that their counsel is laid up due to illness. The above petition had come up for hearing before this Bench on 18/12/2015, 26/02/2016 .....

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..... he concerned person dealing with the matter did not bring to the notice of the appellant about the existence of such order. b. That the matter came to the notice of the appellant at Kolkata and the concerned person was instructed to send the papers to Kolkata. The papers were sent to Kolkata very late and the papers got misplaced in transit. The appellant thereafter traced out the papers and ha .....

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..... lained the delay with dates on which the appeal was sent to Kolkata or the date on which appeal was handed over to the consultant etc. Further, although it is stated that the papers got misplaced in transit, it is not stated when and how the appellant traced out the papers again and on which date handed over the same to the consultant for filing the appeal. On the whole, the appellant has not made .....

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