Appeal allowed; prior dismissals set aside and restoration granted, appeals reinstated for fresh adjudication in accordance with law The HC allowed the appeal, holding the Tribunal erred in refusing restoration of the appeals; it found the appellants' explanation acceptable. The HC set ...
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Appeal allowed; prior dismissals set aside and restoration granted, appeals reinstated for fresh adjudication in accordance with law
The HC allowed the appeal, holding the Tribunal erred in refusing restoration of the appeals; it found the appellants' explanation acceptable. The HC set aside the Tribunal's orders dismissing the restoration applications and restored the appeals to the Tribunal's file, directing the Tribunal to adjudicate the appeals in accordance with law. Appeals disposed.
By consent the Rule was made returnable forthwith. The appellants challenged the Tribunal's Order dated 29-5-2008 dismissing their applications for restoration of appeals on the ground that "no case is made out for restoration." The High Court found that the Tribunal erred in recording that conclusion, holding that the appellants had furnished an "acceptable explanation." In the interest of justice the impugned orders were set aside, the appeals were restored to the file, and the Tribunal was directed to dispose of them "in accordance with law." Appeals were disposed of.
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