2022 (1) TMI 365

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....DIWALA, JJ. Ms Soumya Choube, Advocate h/f Shri S.N. Chichbankar, Advocate for appellant. Ms Meghna Munshi, Advocate for respondent no.1. Shri S.N. Bhattad, Advocate for respondent no.3. ORAL JUDGMENT : (PER : PUSHPA V. GANEDIWALA , J.) Admit. Heard finally Adv. Ms. Saumya Chaube for the appellant, Adv. Ms. Meghna Munshi for respondent No. 1 and Adv. Shri. S. N. Bhattad for responde....

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.... Mumbai-II alongwith an application for condonation of delay of 75 days caused in preferring the appeal. 4. The learned Member (Judicial) of the Tribunal dismissed the application for condonation of delay mainly for the reasons mentioned in para 4, which reads thus:   "4. I find that even though the applicant has attempted to make a case that it is the negligence of the first Cons....

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....ed the rival contentions and perused the impugned order so also the annexures. 8. At the outset, a perusal of the impugned order would reflect that in the absence of the appellant or his counsel, the impugned order came to be passed. The reason for the delay as contended by the appellant is that his earlier counsel failed to prefer an appeal within the prescribed period of limitation and theref....

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....impugned order. 9. In our considered view, had the opportunity of hearing been granted to the appellant, the appellant would have satisfied the queries of the learned Member of the Tribunal. In the absence of appellant the impugned order came to be passed. In any case, the appeal has not been decided on merits. One opportunity needs to be given to the appellant to argue his case on merits. We f....