2010 (2) TMI 70

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....raying 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 Respondent to hear the Appeal on merits. ....

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.... 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 Court had admitted the writ petition, on 29.3.....

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....he 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 counsel appearing for the petitioner had submitted ....

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....ppeal 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 that the petitioner shall fully cooperate in the pro....