2005 (9) TMI 107

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....d advocate for the petitioners and Mr. Y.N. Ravani, the learned additional standing counsel for the respondents. 2.Rule. Mr. Ravani waives service of rule and the petition is taken up for hearing and final disposal today with the consent of learned counsel for the respective parties. 3.On 20-10-2004, the petitioners had been directed by this Court by an order made in Special Civil Applicatio....

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....hri G. Raman, Executive Vice President (Foreign Trade) of the petitioner Company has filed affidavit dated 3rd August 2005 and accepted that there was a lapse in complying with the directions of the Court inasmuch as that though the appeal was filed within the stipulated period of four weeks, the application for condonation of delay remained to be filed along with the appeal. It is in these circum....

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....denying petitioner's right of appeal which is granted by the statute only on technical ground, would result in injustice. The petitioner must be granted an opportunity of hearing, and such hearing must be an effective hearing on merits of the dispute between the parties. 8.Accordingly, the petitioner is directed to file an application seeking condonation of delay on or before 10th October 2005.....