9911796707
TMI Blog1997 (11) TMI 346X X X X Extracts X X X X X X X X Extracts X X X X ..... - This is an application praying the Tribunal to excuse the delay of 38 days in filing this Appeal. The impugned order was passed on 25-2-1997. On 1-3-1997 the Appellant received the Order-in-Appeal. They ought to have filed the appeal before the Tribunal on or before 1-6-1997. The appeal has been filed on 9-7-1997. The reasons for delay in filing the appeal is that the Applicant company i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... substantial justice deserved to be preferred for the other side cannot claim to have vested right in injustice being done because of non-deliberate delay. Mr. Shroff invited my attention to paragraph 5 of the guidelines where it has been held that there is no presumption that the delay has any mala fides. He has specifically emphasised that the litigant would not stand benefited by resorting to de ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y of the appeal pending before the Tribunal filed by the Procter & Gamble (India) Ltd. as reflected in the observations at page 437. That cannot be a decision relating to the facts of the instant case. However, I would find that strictly speaking, the Appellant need not explain to the Tribunal as to the happening taken place in the company within 90 days of the impugned order. They have to explain ..... X X X X Extracts X X X X X X X X Extracts X X X X
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