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TMI Blog2022 (1) TMI 365X X X X Extracts X X X X X X X X Extracts X X X X ..... rring the appeal. The learned Member of the Tribunal found the reasons for delay to be vague and not sufficiently explained. It is not disputed that the impugned order of rejection of application for condonation of delay came to be passed on merit behind the back of the appellant or his counsel. The impugned order does not mention about any opportunity of hearing was granted to the appellant Such order rejecting the application on merit behind the back of the appellant could not have been passed by the learned Member. At the most the matter could have been posted for dismissal in default. It appears that the learned Member has not followed the basic principles of natural justice in passing the impugned order. One opportunity needs to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in preferring the appeal. 4. The learned Member (Judicial) of the Tribunal dismissed the application for condonation of delay mainly for the reasons mentioned in para 4, which reads thus: 4. I find that even though the applicant has attempted to make a case that it is the negligence of the first Consultant resulting into delay, however, the said plea has not been supported by any evidence by way of providing the name of the second Consultant nor the dates when it was initially given to the first Consultant and also when the draft copy of the appeal was given by the second Consultant for filing the appeal. Since the grounds explaining the inordinate delay is vague, hence, it does not warranted condonation. 5. The main grievanc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... llowed the basic principles of natural justice in passing the impugned order. 9. In our considered view, had the opportunity of hearing been granted to the appellant, the appellant would have satisfied the queries of the learned Member of the Tribunal. In the absence of appellant the impugned order came to be passed. In any case, the appeal has not been decided on merits. One opportunity needs to be given to the appellant to argue his case on merits. We find substance in the submission of the learned counsel for the appellant. Therefore, we allow the application for condonation of delay and condone the delay caused in preferring the appeal before the Tribunal by quashing and setting aside the impugned order dated 01.04.2021. Accordingly, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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