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2022 (1) TMI 365 - BOMBAY HIGH COURTPrinciples of natural justice - condonation of delay of 75 days in filing appeal - appeal decided in absence of counsel for the appellant - HELD THAT:- A perusal of the impugned order would reflect that in the absence of the appellant or his counsel, the impugned order came to be passed. The reason for the delay as contended by the appellant is that his earlier counsel failed to prefer an appeal within the prescribed period of limitation and therefore the appellant handed over the papers to the second counsel for preferring the appeal. The learned Member of the Tribunal found the reasons for delay to be vague and not sufficiently explained. It is not disputed that the impugned order of rejection of application for condonation of delay came to be passed on merit behind the back of the appellant or his counsel. The impugned order does not mention about any opportunity of hearing was granted to the appellant Such order rejecting the application on merit behind the back of the appellant could not have been passed by the learned Member. At the most the matter could have been posted for dismissal in default. It appears that the learned Member has not followed the basic principles of natural justice in passing the impugned order. One opportunity needs to be given to the appellant to argue his case on merits - the application for condonation of delay is allowed - appeal allowed.
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