Condonation of delay in review led to recall of dismissal order and restoration of the appeal.

Delay in filing the review application was condoned after the Court accepted the affidavit-supported explanation. The review was allowed because the earlier dismissal order had been passed without knowledge that the Tribunal order forming its basis was already under challenge and pending in another appeal. On that footing, the Court found sufficient reason to interfere, recalled the order dated 7.5.2018, and restored the appeal to its original number.

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Issues: Whether the delay in filing the review application should be condoned and the earlier order dismissing the appeal should be recalled so that the appeal may be restored.

Analysis: The application for condonation was supported by affidavit and the Court accepted the explanation furnished for the delay. On that basis, the delay in presenting the review application was condoned. The review was then examined on the ground that the earlier dismissal order had been passed without knowledge that the Tribunal's earlier order, which formed the basis of the dismissal, had in fact been challenged and was pending consideration in another appeal. In these circumstances, the Court found sufficient reason to interfere with the earlier order and to reopen the matter.

Conclusion: The review application was allowed, the order dated 7.5.2018 was recalled, and the appeal was restored to its original number.

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