TMI Blog2015 (4) TMI 188X X X X Extracts X X X X X X X X Extracts X X X X ..... ed order is quashed. Petitioner is permitted to file fresh applications for grant of stay, if so advised, within a period of two weeks from today. Petitioner shall not seek unnecessary adjournment and shall extend ready co-operation to decide the stay applications and also the main appeals with expedition - Writ Petition Nos. 100774-100776/2015 (T-IT) - - - Dated:- 29-1-2015 - A. N. Venugopala Gowda,J. For the Appellant : Sri Sangram S Kulkarni, Adv. For the Respondent : Sri Y V Raviraj, Adv. ORDER Appeals filed accompanied by applications for grant of stay having been found to be defective, opportunity was granted by the Tribunal, to remove the defects. Advocate for the petitioner sent a communication and sought time/ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... xtended, defects having not been removed, the impugned order was passed. 6. There is no dispute that a communication was sent by the advocate for the appellant/petitioner, enclosing a medical certificate in proof of he being sick and on account of the same, not being able to attend the Tribunal and take steps to cure the notified defects. The Tribunal, without taking into consideration the reason stated in the communication sent seeking adjournment and also the annexed medical certificate, has passed the impugned order, whereby, the said applications were dismissed. 7. If the advocate for the petitioner/appellant had not sought adjournment on medical grounds, the Tribunal would have been justified in passing the impugned order. Since ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ation of mind. Non-consideration of the prayer for adjournment sought on medical ground by the advocate on record is apparent. There is denial of reasonable opportunity. In the circumstances of the case, the impugned order being irrational, is liable to be interfered with. In the result, these writ petitions are allowed and the impugned order is quashed. Petitioner is permitted to file fresh applications for grant of stay, if so advised, within a period of two weeks from today. Petitioner shall not seek unnecessary adjournment and shall extend ready co-operation to decide the stay applications and also the main appeals with expedition. The Tribunal is directed to decide the appeals, with expedition and within a period of three months fro ..... X X X X Extracts X X X X X X X X Extracts X X X X
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