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2015 (1) TMI 583 - BOMBAY HIGH COURTRestoration of appeal - no notice received of the date of hearing - Held that:- Tribunal adopted a hyper-technical approach and which was uncalled for and unjustified then the impugned order cannot be sustained. The Tribunal was in error in refusing to restore the appeals and which are pending from the year 2000 on its file. The litigant and his advocate is expected to pursue the proceedings for a reasonable period. If the appeal is not likely to be heard for nearly 10 years and suddenly it is listed for hearing, the expectation would be that if the Advocate and parties are absent one more opportunity is given to them to remain present. This expectation even in today’s e-world is not unreasonable. In such circumstances we would not expect the Tribunal hereafter to reject the requests for restoration of Appeals on the above grounds and to consider them sympathetically by applying liberal principles. With this hope the impugned order is quashed and set aside. - Appeal restored.
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