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2011 (3) TMI 300 - MADRAS HIGH COURTAppeal to Appellant Tribunal - Condoning the delay - The delay in this case is 133 days, and nothing has been disclosed as to where the delay occurred in taking the decision to file appeal - The only reason given was that the delay occurred inadvertently - Held that: the R.C.P.No.8 of 1997, the Hon'ble Division Bench is still pending in this court - Therefore, the delay be condoned as the matter sub judice - This cannot be a ground to interfere with the order passed by the learned Tribunal - When jurisdiction is vested with the Tribunal, and the appeal is dismissed as time barred, merely because appeal is pending for subsequent year cannot be a ground for condonation of delay - Hence, no merit in the writ petition which is accordingly dismissed - No costs.
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