2017 (1) TMI 1536

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....ant. Shri Guna Ranjan, Superintendent (AR), for the Respondent. ORDER The above application is filed by appellant seeking restoration of the appeal which was dismissed for non-compliance of the condition to pay cost for condoning the delay in filing the appeal. 2. The appellant had filed the appeal along with an application seeking condonation of delay for filing the appeal. The said COD ....

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....same had to be sent to the Head Office at Calcutta and was received in the Head Office only on 5-11-2016. That the delay occurred due to the time taken for communication of the order passed by the Tribunal. Meanwhile, the appeal was dismissed on 4-11-2016. That the Counsel who was appearing on behalf of the appellant was laid up due to illness of cancer and could not appear before the Tribunal on ....

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....tion of the appeal. 5. I have heard both sides. The appellant has paid the cost of Rs. 25,000/- on 23-11-2016. The Tribunal had directed to pay cost on or before 4-11-2016. The ld. Counsel appearing for the appellant has submitted before me that the delay in depositing could not be represented before the Tribunal as the Counsel who was then appearing for the appellant was laid up due to seri....