TMI Blog2014 (1) TMI 1698X X X X Extracts X X X X X X X X Extracts X X X X ..... her without any merit. The writ petitioner could have with the exercise of due diligence ascertained the order passed by the Joint Commissioner. It is also a fact that the appeal was preferred after 467 days whereas the statutory Appellate Authority has power to condone delay of only 30 days. Therefore, the Appellate Authority could not have entertained the appeal in any event. The tendency to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 008 - - - Dated:- 21-1-2014 - GIRISH CHANDRA GUPTA AND TAPASH MOOKHERJEE, JJ. For appellant : Mr. R. Bharadwaj, Advocate. For Respondent : Mr. J.P. Khaitan, senior advocate with Ms. A.Banerjee, Advocate. ORDER The Court : This appeal is directed against a judgment and order dated 02.08.2013 by which the learned Trial Court set aside the order dated 30.11.2005 passed by th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... jurisdiction in which the order under challenge was passed. He contended that the order is patently bad and, therefore, should be set aside. Mr. Khaitan, learned senior Advocate appearing for the writ petitionerrespondent, submitted that the copy of the order dated 30.11.2005 was not received or delivered upon his client. He added that the mill was under closure for a sufficiently long time. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ard the rival submissions advanced by the learned Advocates and are of the opinion that the criticism advanced by Mr. Bharadwaj that the statutory appeal was not preferred within the prescribed time deliberately is not altogether without any merit. The writ petitioner could have with the exercise of due diligence ascertained the order passed by the Joint Commissioner. It is also a fact that the ap ..... X X X X Extracts X X X X X X X X Extracts X X X X
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