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TMI Blog2018 (2) TMI 1675X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. Appeal restored to its file for adjudication - petition allowed. - Writ Petition No. 14308 of 2016 - - - Dated:- 12-2-2018 - S.C. DHARMADHIKARI SMT.BHARATI H.DANGRE,JJ. Mr. Prakash Shah i/b PDS Legal for the petitioner. Mr. Swapnil Bangur with Pooja V. Thorat with Shreedevi Kotkar, Anukul Seth i/b Pooja Thorat for respondent nos.2 and 3. P.C : 1 By the order under challenge, the Tribunal has dismissed the petitioner's application seeking condonation of delay of 665 days approximately. 2 The Tribunal held that the pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ch at Ahmedabad along with the said application. The Tribunal's Ahmedabad Bench passed an order on 27th November 2012 unconditionally allowing the stay application. That appeal was pending before the Tribunal. Thereafter, the petitioner appellant was served with several show causes notices, details of which are set out in paragraph no.1 of the application seeking condonation of delay. The show cause notices are on the same issue. The show cause notices have been contested. The show cause notices earlier to the present show cause notice and subsequent to the show cause notice were made subject matter of Appeals and the Appeals are pending before the Tribunal's bench at Ahmedabad. 5 It is stated that some of the Appeals before th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng condonation of delay. 9 It is strange that the Revenue does not file any counter to this application before the Tribunal. Before us, the Revenue is suddenly moved in filing an affidavit, but that too on merits of the controversy. 10 We do not see, therefore, any reason for the Tribunal to discard the version of the petitionerappellant and term it either as false or vitiated by utter negligence. If gross and utter negligence is writ large on the proceedings, then the Tribunal should have noted, and carefully the fact that the appellant has been regularly contesting the show cause notices and bring Appeals to the Tribunal, all of which except the subject one were filed in time. A grossly negligent litigant would not be conducting its ..... X X X X Extracts X X X X X X X X Extracts X X X X
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