2009 (3) TMI 665

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.... R.K. Saini, DR, for the Respondent. [Order]. - The applicants filed this application for condonation of delay of 461 days in filing the appeal. 2. Learned Advocate submits that the impugned order-in-appeal dated 23-2-2007 was received by them on 14-3-2007. On 13-6-2007 they sent memorandum of appeal with bank draft to the Registry of this Tribunal by DTDC Courier vide consignment no....

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....nt and, therefore, delay in filing the appeal should be condoned. 3. Learned D.R. submits that the applicants failed to submit any evidence to prove that the appeal was filed within the stipulated time. He, further, submits that the evidence of DTDC Courier is not authentic and reliable evidence. 4. After hearing both the sides and on perusal of record, it is seen from the certific....

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.... proof of delivery as they do not have records beyond 6 months from the date of booking. On a query from the Bench, the learned Advocate submits that the present appeal was accompanied by the bank draft dated 13-9-2008. On perusal of the record, I find that the applicants prepared the bank draft on 12-6-2007 as is evident from the certificate issued by the ICICI Bank. They sent appeal with bank dr....