2017 (1) TMI 1536

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....uralidhar, Advocate, for the Appellant. 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....

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....the appellant factory only on 3-11-2016. The 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....

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....s no sufficient ground for allowing the restoration 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 ap....