2010 (2) TMI 70

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....e 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus calling for the records on the file of the First Respondent herein in the Final Order No.125/2006 dated 21.02.2006 passed in Appeal No.E/873/2004/MAS and quashing the impugned Final order No.125/2006 dated 21.02.2006 passed in Appeal No.E/873/2004/MAS by the First Respondent and direct the First Respon....

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....ad not been condoned, the appeal filed by the petitioner, in Appeal No.E/873/04-E/PD/457/04-E/COD/352/04, had been dismissed by the first respondent appellate tribunal, without going into the merits of the matter. In such circumstances, the petitioner firm had filed the present writ petition before this Court, under Article 226 of the Constitution of India. 3. It has also been stated that this ....

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.... writ petition. It has been stated that, from the impugned order of the first respondent Tribunal, dated 21.2.2006, it is clear that there is no justification, whatsoever, for the delay caused by the petitioner firm, in filing the appeal, before the first respondent Tribunal. Therefore, the present writ petition is devoid of merits and therefore, it is liable to be dismissed. 5. The learned cou....

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....rst respondent Tribunal is directed to hear the appeal filed by the petitioner firm, in appeal No.E/873/04-E/PD/457/04-E/COD/352/04 and pass appropriate orders thereon, on merits and in accordance with law, after giving an opportunity of hearing to the petitioner and the second respondent herein, within a period of twelve weeks from the date of receipt of a copy of this order. It is made clear tha....