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2014 (12) TMI 775 - MADRAS HIGH COURTRestoration of appeal - Non compliance of pre deposit order - Held that:- When the order of pre-deposit has not been complied with, the Tribunal has no discretion to entertain the appeal - another aspect which needs consideration in the case on hand is the averment made by the applicant in the affidavit filed before the Tribunal in July, 2014, wherein the reason for the non-compliance of pre-deposit order is attributed to the fault of their former advocate Mr.Bharathi. It is the specific plea of the appellant that their former counsel Mr.Bharathi was responsible for not intimating the appellant about the proceedings before the Tribunal and, therefore, the appellant had sought for change of counsel and is pursuing the matter. it is evident that the appellant has been pursing the matter diligently from the adjudication stage and the reason for non-compliance is attributed to the fault of their former advocate Mr.Bharathi, which is stated in the affidavit of the appellant filed before the Tribunal during July, 2014. - In view of bona fides as pleaded by the appellant - Appeal restored.
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