https://www.taxtmi.com/caselaws?id=166352 Conditional discretionary relief may be granted in judicial review despite repeated procedural defaults where the court considers it just to enable a merits hearing. Here, the petitioner had repeatedly failed to prosecute the matter, including default in pre-deposit and dismissal of later applications for non-prosecution, yet the court allowed one further opportunity to pursue recall of the earlier dismissal as time-barred. The impugned orders were set aside subject to deposit of a specified amount, and the tribunal was directed to reconsider the recall application afresh on merits. en-us Wed, 21 Nov 2012 00:00:00 +0530 Wed, 17 Sep 2014 16:12:55 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=166352 Conditional discretionary relief may be granted in judicial review despite repeated procedural defaults where the court considers it just to enable a merits hearing. Here, the petitioner had repeatedly failed to prosecute the matter, including default in pre-deposit and dismissal of later applications for non-prosecution, yet the court allowed one further opportunity to pursue recall of the earlier dismissal as time-barred. The impugned orders were set aside subject to deposit of a specified amount, and the tribunal was directed to reconsider the recall application afresh on merits. Case-Laws Central Excise Wed, 21 Nov 2012 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=166352