2019 (4) TMI 2136

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..... n-prosecution - HELD THAT:- In the affidavit filed in support of the writ petition, the petitioner has claimed that his advocate filed written submissions and requested the Tribunal to pass orders. It is represented by the Learned Counsel for the petitioner that the advocate of the petitioner is aged about 90 years and that he is residing in Guntur. Therefore, unable to be present before the Trib .....

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..... Learned Counsel for the petitioner and Mr. B. Narasimha Sarma, Learned Senior Special Standing Counsel for the respondents. 3. The petitioner suffered an order-in-original dated 30-5-2012. The same was confirmed by the first appellate authority by order dated 18-3-2013. As against the said order, the petitioner filed a regular appeal before CESTAT. There was a delay in filing the appeal. There .....

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..... en submissions were filed or not. But the petitioner has given some semblance of reason. 6. Therefore, the writ petition is allowed setting aside the order of the Tribunal. The application filed by the petitioner seeking restoration of the condone delay application is allowed and the Tribunal is directed to take up the condone delay application and dispose of in accordance with law. Consequentl .....

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