9911796707
TMI Blog2018 (2) TMI 1675X X X X Extracts X X X X X X X X Extracts X X X X ..... a discretionary and equitable relief of condonation of delay. On a reading of the application for condonation of delay, copy of which is at page 97 of the paper book, we are unable to agree with the Tribunal. Once the Tribunal attributes to the petitioner appellant, a conduct which disentitles it from claiming any discretionary and equitable relief, then it is the bounden duty of the Tribunal to first refer to the cause shown if it is not sufficient and the petitioner is grossly negligent, then the discretion exercised by the Tribunal will never be interfered with in our extraordinary jurisdiction. Our extraordinary jurisdiction under Article 226 is equally discretionary and equitable. 3 However, we find that the petitioner appellant file ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... owever, there was an order passed on 24th September 2013 remanding the matter to the First Appellate Authority with the direction to decide the issue afresh. Thereafter, the petitioner attended the hearing before the First Appellate Authority who passed the order impugned in the subject Appeal before the Tribunal. The employee of the petitioner-appellant Mr.Satish Mahyavanshi in the ordinary course, forwards a copy of the Order-in-original and thereafter, the appellant-petitioner's Advocate is instructed to file Appeal. However, during the period December 2013 to March 2014, the factory of the petitioner appellant was undergoing shifting process from Somnath, Daman Union Territory to Ambernath in Maharashtra. The concerned employee was, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cient for condoning the delay, a Court of law like a Tribunal must find out from its own record atleast any contrary version of the Revenue. If there is no version of the Revenue contravening this factual position, or is any conduct attributable as negligent can be culled out during the course of the proceedings otherwise, then, the Tribunal in its over enthusiasm, and possibly obsessed by disposal mania, decide appeals pending before it in this casual and light hearted manner. Courts of Law are not set up for mere disposal of cases. Courts of Law are established for adjudication of cases, particularly appeals so as to render justice to parties in accordance with law. If parties deserve substantial justice, then that has to be rendered. If ..... X X X X Extracts X X X X X X X X Extracts X X X X
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