2002 (9) TMI 486

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ondent. [Order per : G.R. Sharma, Member (T)]. -  M/s. Rathi Graphics Technology Ltd. have filed this application for restoration of their appeal. From the records placed before us we note that in terms of Stay Order No. S/407/2000-NB, dt. 17-10-2000, the applicant was directed to deposit a sum of Rs. 3 lakhs within a period of eight weeks from 16-10-2000. Since the applicant did not deposi .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... igh Court in this case held - "Having regard to the facts and circumstances of the case, we find that this is a fit case where the Tribunal ought to have exercised its discretion for hearing the appeals on merits, in view of the fact that deposits have already been made. The impugned order dt. 10-3-2000 is, therefore, set aside and the Tribunal is directed to restore the appeals, if the amount as .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... he Tribunal has been condoning the delay. In the instant case, there has been a delay of 1½ year approximately even in the case cited by the Counsel for the appellant, there was a delay of 10 months. Having regard to all the facts of the case, the delay of one year and six months cannot be considered a reasonable delay. In the circumstances, the delay is not condoned. Thus, the application .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X