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2015 (12) TMI 804 - ALLAHABAD HIGH COURT

2015 (12) TMI 804 - ALLAHABAD HIGH COURT - 2016 (41) S.T.R. 19 (All.) - Condonation of delay - Non delivery of order - Held that:- If the order is served on a member of the family, it is duly served and in our opinion, there is sufficient service. No assertion was made by the appellant before the Tribunal that the service made upon Virendra Yadav was not a family member or that he was not connected with the business. Even before this Court, the appellant has no where stated that Virendra Yadav i .....

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.2008, the appeal was filed by the appellant on 30.10.2010. Since there was a considerable delay in filing the appeal, the Tribunal by the impugned order rejected the appeal as being barred by time. The appellant, being aggrieved, has filed the present appeal contending that in the facts and circumstances the delay, if any, was liable to be condoned and that the Tribunal ought to have heard the appeal on merits. According to the appellant, he was unaware of the order in original dated 19.5.2008 .....

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order in original was served on 18.6.2008 to one Virendra Yadav at the residential premises of the appellant who represented himself to be the nephew. Based on this service, as per paragraph 47(2) of the Adjudication Manual of the Department which allows the adjudication order to be served through the Local Range Office, the Tribunal held that there was sufficient service of the order in original and, therefore, dismissed the appeal as barred by limitation. Sri A.P. Mathur, the learned counsel .....

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