Tribunal grants appeal delay, imposes penalty for late filing. Cost of &8377;7,000 to respondent. The tribunal allowed the appellant's application for condonation of a 214-day delay in filing the appeal due to a change in staff within the company. ...
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Tribunal grants appeal delay, imposes penalty for late filing. Cost of &8377;7,000 to respondent.
The tribunal allowed the appellant's application for condonation of a 214-day delay in filing the appeal due to a change in staff within the company. However, a penalty was imposed on the appellant, directing them to pay a cost of &8377; 7,000 to the respondent within a month. Failure to comply would result in the dismissal of the condonation of delay application. Compliance by a specified date was required to conclude the proceedings.
Issues: Condonation of delay in filing the appeal due to change of staff in the appellant's company.
Analysis: The appellant filed an application seeking condonation of delay of 214 days in filing the appeal. The appellant's representative stated that the delay was due to a change in staff within the company. Specifically, an employee responsible for legal matters had left without informing higher officers about pending proceedings. The appellant pleaded for condonation, emphasizing potential irreparable losses. The respondent opposed the application, leading to a hearing where both sides presented their arguments.
The tribunal noted the 214-day delay and acknowledged the appellant's explanation regarding the staff change causing the delay. While finding the explanation plausible, the tribunal also observed that the appellant had not been diligent in monitoring the proceedings before lower authorities. Consequently, the tribunal decided to impose a penalty on the appellant. The appellant was directed to pay a cost of &8377; 7,000 to the respondent within a month and report compliance by a specified date. Failure to comply would result in the dismissal of the condonation of delay application without further notice.
Ultimately, the tribunal allowed the miscellaneous application for condonation of delay, with a requirement for compliance by a specified date. The order was dictated and pronounced in open court, concluding the proceedings regarding the delay in filing the appeal.
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