2016 (9) TMI 1022

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....shekar Director For the Respondent : Sri. R. Dakshina Murthy, Advocate JUDGMENT Admit. 2. Mr.K.V.Aravind, learned counsel for respondent waives notice of admission. With the consent of the learned counsel appearing for both sides, the appeal is finally heard. 3. The present appeal is directed against the order dated 27.3.2015 passed by the Tribunal whereby, the Tribunal, for the rea....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....he aspects of condonation of delay on the ground when there was delay or - lapse on the part of the appellant in not putting the case before the Board of Directors and even after the knowledge, the appeal was not filed. Therefore, it could said that the delay is not properly explained and therefore, the Tribunal has rightly exercised the power. 6. In our view, it is by now well settled that the....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ffices to observe that it was the case to be considered in the appeal. It may be that in a given case, Court may decline to exercise discretion for condoning the delay, if, du ring the period of delay, the rights of the parties are substantially altered and/or irreversible situation is created but we do not fin d any of the requirements are satisfied in the present case. 7. In view of the above....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....shall stand condoned on condition that the appellant pays a cost of Rs. 10,000/- to the respondent within a period of four weeks from today. After the above condition is complied with, the appeal shall stand restored before the Tribunal. The Tribunal shall consider the appeal on merits after giving opportunity of hearing to both the sides and shall pass an order in accordance with law. 9. As th....