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2009 (8) TMI 1056

..... spondent. ORDER The appellants filed these appeals along with stay petitions and applications for condonation of delay against the order dated 16-5-05 of Commissioner (Appeals). 2. Heard both sides. 3. The learned Advocate for the appellants submits that they preferred appeals before the Commissioner (Appeals) against the order dated 29-9-2001 passed by the Addl. Commissioner, Mumbai. The above ap .....

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..... Appeals) had been remanded back to the Addl. Commissioner for disposal and in that remand order dated 16-5-2005, the appellants have received notice. 4. The contention of the learned Counsel for the appellants is that they came to know of the passing of the impugned order dated 16-5-2005 during the course of remand proceedings, when they received the notice of hearing from the Addl. Commissioner. .....

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..... ar that the appellants came to know about the passing of the impugned order on 29-11-07 but they did not prefer to obtain the copy of the impugned order before 16-9-2008. The appellants are not able to give any sufficient and reasonable cause for such a delay. 9. The learned Counsel relied on the following decisions in support of his contention :- (1) Collector, Land Acquisition Anantnag and Anoth .....

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..... after hearing the parties - Law of procedure is a helpmate in the ultimate administration of justice and not to be used as an obstruction in the process of justice - Judiciary gets its respect in the legal order not on account of its power to legalise injustice on technical ground but by its capacity in removal of injustice as pointed out by the Supreme Court - Justice oriented approach needed wh .....

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