2009 (6) TMI 425

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..... or the Respondent. [Order per: M.V. Ravindran, Member (J)]. - This application is filed for condoning the delay of 86 days in filing the appeal before this Tribunal. 2. The learned Counsel appearing on behalf of the applicant submits that the delay has occurred due to the fact that there was misplacement of the Order-in-Original by the Counsel i.e. himself. He filed an affidavit in support of su .....

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..... yping on 20-9-2008. But, unfortunately, the certified copy of the order was found missing from the typing centre. So, I contacted the office of the Commissioner of Central Excise for getting an other certified copy of the order. I had also sent a letter on 24-11-2008 praying that a certified copy of the order may be issued to me for the purpose of filing this appeal. True copy of the letter dated .....

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..... ed herewith and marked as Annexure (B). 4. I had remitted the appeal fee of Rs.5,000/- and also the necessary fees of Rs.500/- each towards stay and cod application. I had also produced the certified copy of the order-in-original on …….. 5.There is a delay of 86 days in preferring the appeal. The delay occasioned not due to any laches or negligence on the part of the appellant but only due to th .....

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..... there is no proper explanation for filing the appeal belatedly. 5. We have considered the submissions made at length by both sides arid perused the records. There is no dispute that the impugned order was received by the appellant in time. The appellant in this case has immediately provided a copy of the order to his advocate i.e. the Counsel who has filed an additional affidavit. It is seen tha .....

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..... ot filed within time. Accordingly, we are of the considered opinion, that in the facts and circumstances of this case, and the explanation given by Counsel appearing, the application for the condonation of delay needs to be allowed and we do so. The delay is condoned and registry is directed to list the stay application, for disposal. (Pronounced in open Court on 30-6-2009)
Case laws, Decisio .....

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