TMI Blog2013 (5) TMI 298X X X X Extracts X X X X X X X X Extracts X X X X ..... that present application for condonation of delay is devoid of merits but an abuse of process of law. Thus, MA(COD), and stay application as well as appeal are dismissed. - C/577/2011 - - - Dated:- 25-2-2013 - Mr. D.N. Panda and Mr. Manmohan Singh, JJ. For the Respondent: Shri V.P.Batra, DR JUDGEMENT PER: D.N.PANDA None present for the appellant. Appeal was filed in this case o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... do not understand why appellant is not keen to pursue his remedy when his appeal suffers from delay. 3. The application for condonation of delay exhibits that impugned order was served on the appellant on 24.03.2010. The appellant states that he approached his counsel for preparation of appeal. But the date of approach is not mentioned in the application. It is further stated that on 5.6.2010 h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t after eight month of his suffering from the sickness as above he handed over paper to the counsel which is apparent from Para 4 of his application. The manner in which the facts had been stated in the application shows that neither before limitation nor after limitation expired, the appellant was conscious of his right of appeal. 5. We are conscious that dismissal of appeal at the threshold sh ..... X X X X Extracts X X X X X X X X Extracts X X X X
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