1997 (11) TMI 346

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.... JDR, for the Respondents. [Order]. -  This is an application praying the Tribunal to excuse the delay of 38 days in filing this Appeal. The impugned order was passed on 25-2-1997. On 1-3-1997 the Appellant received the Order-in-Appeal. They ought to have filed the appeal before the Tribunal on or before 1-6-1997. The appeal has been filed on 9-7-1997. The reasons for delay in filing th....

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....one pitted against each other, cause of substantial justice deserved to be preferred for the other side cannot claim to have vested right in injustice being done because of non-deliberate delay. Mr. Shroff invited my attention to paragraph 5 of the guidelines where it has been held that there is no presumption that the delay has any mala fides. He has specifically emphasised that the litigant woul....

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....Ltd. had been taken in view of the pendency of the appeal pending before the Tribunal filed by the Procter & Gamble (India) Ltd. as reflected in the observations at page 437. That cannot be a decision relating to the facts of the instant case. However, I would find that strictly speaking, the Appellant need not explain to the Tribunal as to the happening taken place in the company within 90 days o....