2004 (11) TMI 114

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..... , sought permission of this Court to withdraw this petition as he wants to approach the Tribunal by way of modification application pointing out to the Tribunal that though it was argued before the learned Tribunal that the copy of the impugned order passed by the Commissioner (Appeals) was received by the petitioner on 3-12-2002 and the affidavit was also filed to that effect and that point was s .....

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..... entions available, then we are sure that the learned Tribunal will consider the said application for condoning of delay and try to decide modification application on merits after condoning the delay in filing the modification application late, keeping in mind the pendency of this petition before this Court for a considerable time. 3. With these observations and directions, this petition is dismi .....

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