1989 (3) TMI 142

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..... the appeal in question was not condoned by the Tribunal. Hence this petition. 3. Now, it is very difficult for this Court to exercise its discretionary powers to interfere with the matter which itself is basically discretionary and when the said discretion could not be said to have been exercised arbitrarily. In this case, however, we find that the appeal is filed not against any demand as such .....

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..... v. Kateji -1987 (28) E.L.T. 185 (S.C.) = AIR 1987 S.C. 1352 on which, naturally, heavy reliance has been placed by the petitioner's learned Counsel Mr. Avinash Shivade. These observations have been quoted at page 11 of this petition. In the context of all these circumstances, we are inclined to condone delay and permit the petitioners to have their claim adjudicated on its own merits and in accord .....

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