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2016 (6) TMI 236 - CESTAT BANGALORE

2016 (6) TMI 236 - CESTAT BANGALORE - TMI - Condonation of delay - 178 days - Impugned order passed on 27.02.2015 was issued on 08.05.2015 but the same was sent to the applicant which was received by one Shri Mahesh who was Class D employee of the applicant who was medically not fit and was under medication. The illness was diagnosed as ‘Diffuse axonal injury’ and he had undergone treatment between 03.06.2014 and 07.07.2014 and thereafter joined his duty but continued to have loss of memory now .....

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vocate For the Respondent : Smt Uma Banawalikar, AR ORDER The applicant/appellant has filed an application seeking condonaton of delay of 178 days in filing the present appeal. The ground on which the condonation is sought is that the impugned order which was passed on 27.02.2015 and was issued on 08.05.2015 but the same was sent to the applicant which was received by one Shri Mahesh who was Class D employee of the applicant who was medically not fit and was under medication. The illness was dia .....

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rack of. The applicant was under the bona fide impression that orders have not been passed and the applicant received intimation vide letter dated 20.10.2015 and then he came to know that the order has been passed and thereafter he rushed to the Department to seek a copy of the order and got the copy from the respondent and thereafter the appeal was filed and in the process delay was caused which is not deliberate and intentional and has been caused on account of the reasons stated above. The le .....

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