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2015 (1) TMI 582 - HC - Central ExciseCondonation of delay - Whether the Tribunal was justified in law in not condoning the delay of 338 days in preferring the appeal and its purported findings dismissing the application for condonation of delay as well as the stay application and appeal are arbitrary, unreasonable and perverse - Held that:- Tribunal while not accepting the causes shown did not disbelieve per se, such causes but expected from the appellant conduct that would have shown better diligence on its part. Such findings of the Tribunal, in our view, could not be said to have been made in following the decision of the Hon’ble Supreme Court in the case of the Office of the Chief Post Master General (2012 (4) TMI 341 - SUPREME COURT OF INDIA) where the appellant Government company had not given any explanation at all. Since the Tribunal in its order did not deal with the explanation given in the appeal before it in the context of whether they by themselves were sufficient cause or not, we find the order was perverse and thus substantial question of law arises. - Matter remanded back - Delay condoned.
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