TMI Blog2016 (9) TMI 1012X X X X Extracts X X X X X X X X Extracts X X X X ..... that: - the principles of law as laid down in the case of Office of The Chief Post Master General Vs M/s Living Media India Ltd [2012 (4) TMI 341 - SUPREME COURT OF INDIA] is followed. No action has been initiated by the applicant in ascertaining the fact whether the appeal had been prepared by the said M/s Ganpati Energy Pvt. Ltd. and filed till the reminder for recovery of dues was received ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ORDER Per Dr. D.M. Misra Heard both sides. 2. This is an application seeking condonation of delay of 332 days(apprx.) in filing the Appeal before this Tribunal. Explaining the delay, the ld. Advocate Shri K.I. Vyas for the Appellant submits that they have entered into a contract with one M/s Ganpati Energy Pvt. Ltd. for purchase of imported steam coal. It is his contention that the class ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... peal and learnt that the appeal was not filed. Consequently, the appeal was filed before this Tribunal on 05.02.2016 resulting the present delay. The learned Advocate further submitted that there was no intentional delay on their part and therefore, the delay may be condoned and in support of his contentions placed the affidavit of the Director of the Appellant and also one Shri Natwar Darrak of M ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fore the Tribunal. It is his contention that the explanation submitted by the appellant for the delay is vague, unsubstantiated and hence cannot be construed as sufficient cause warranting condonation. In support, he has referred to the judgment of Hon'ble Supreme Court in the case of Office of The Chief Post Master General Vs M/s Living Media India Ltd 2012 (277) ELT 289 (SC). 5. We find ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Commissioner (Appeals) against the adjudication order had been filed through them only and the same cannot be independently filed by M/s Ganpati Energy Pvt. Ltd. Therefore, it is difficult to accept that the aforesaid non-action by the applicant has been bonafide and devoid of negligence. Considering the principle of law laid down by Hon'ble Supreme Court in the case of Office of The Chief Pos ..... X X X X Extracts X X X X X X X X Extracts X X X X
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