2016 (9) TMI 1012

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.... (Technical) For Appellant: Shri K.I. Vyas, Advocate For Respondent: Shri S. K. Shukla, A.R. ORDER Per Dr. D.M. Misra Heard both sides. 2. This is an application seeking condonation of delay of 332 days(apprx.) in filing the Appeal before this Tribunal. Explaining the delay, the ld. Advocate Shri K.I. Vyas for the Appellant submits that they have entered into a contract with one ....

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....he said recovery notice, they made enquiry with M/s Ganpati Energy Pvt. Ltd. about the fate of the Appeal and learnt that the appeal was not filed. Consequently, the appeal was filed before this Tribunal on 05.02.2016 resulting the present delay. The learned Advocate further submitted that there was no intentional delay on their part and therefore, the delay may be condoned and in support of his c....

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....nded to the appeal memorandum by them only and without their signature, the appeal cannot be filed before the Tribunal. It is his contention that the explanation submitted by the appellant for the delay is vague, unsubstantiated and hence cannot be construed as sufficient cause warranting condonation. In support, he has referred to the judgment of Hon'ble Supreme Court in the case of Office of....

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....ant was fully aware of the fact that the reply to the Show Cause Notice and the appeal before the learned Commissioner (Appeals) against the adjudication order had been filed through them only and the same cannot be independently filed by M/s Ganpati Energy Pvt. Ltd. Therefore, it is difficult to accept that the aforesaid non-action by the applicant has been bonafide and devoid of negligence. Cons....