2017 (2) TMI 13

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.... Justice Harsha Devani ) (1) Mr. Paresh Dave, learned advocate for the petitioners, has invited the attention of the court to the impugned order to point out that the Tribunal has dismissed the appeal as not maintainable in view of the fact that the documents annexed with the memorandum of appeal are not legible. The attention of the court was invited to the provisions of section 35B of the Centr....

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....artmental authorities, which he proposes to rely upon at the time of hearing of the appeal. It was submitted that therefore, the appellant was required to produce the documents on which he proposes to rely upon. It was pointed out that in the facts of the present case, at the relevant point of time, the petitioner had submitted all the relevant documents on which it proposes to rely upon. However,....

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....duce the same on record, despite the fact that the appeal had been pending since several years. It was urged that therefore the Tribunal is required to be restrained from passing similar orders dismissing the appeals on account of non-maintainability merely because the certain documents are not placed or the documents have become illegible due to lapse of time. (3) Having regard to the submission....