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2015 (7) TMI 668 - HC - Central ExciseCondonation of delay - Delay of 340 days - Held that:- there was definitely material in the form of medical reports and records pertaining to the Petitioners and his immediate family members. The Tribunal proceeded on the footing as if the Petitioner failed to produce any evidence. That was definitely on record and its scrutiny would have enabled the Tribunal to exercise its powers to condone the delay and condone it if the cause was found to be reasonable and bona fide. Having noted the contents of both applications, namely, for condonation of delay and restoration, we are of the view that the delay of 340 days was capable of being condoned. The cause shown does not suffer from utter negligence or lack of bona fides. In these circumstances and when the reasons assigned for the delay were genuine, the initial application should have been allowed and the Petitioner given an opportunity to proceed with the Appeal on merits. - impugned order is quashed and set aside - Delay condoned.
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