2009 (5) TMI 950

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....anda:- 1. Ld. Counsel Shri Vayank Garg submits that the appeal has been filed with 105 days of delay. He submits that an employee who received the impugned order, misplaced the same and out of fear, he did not inform the Management. Therefore, the delay is not attributable to any malafide or any defiance of law. He, therefore, prays that the appeal may not be thrown at the threshold without con....

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....ke other side in the matter of condonation of delay. The case law placed by the Ld. DR is relating to the negligence of revenue for which their SLP was dismissed. We find that the appellant shall suffer if the delay is not condoned in absence of any malafide or deliberate breach of law by the appellant. Accordingly we condone the delay and admit the appeal. 4. When we go to the stay application....