2009 (5) TMI 950

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..... filed with 105 days of delay. He submits that an employee who received the impugned order, misplaced the same and out of fear, he did not inform the Management. Therefore, the delay is not attributable to any malafide or any defiance of law. He, therefore, prays that the appeal may not be thrown at the threshold without condonation of delay, which shall otherwise convert a good cause into no caus .....

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..... y the Ld. DR is relating to the negligence of revenue for which their SLP was dismissed. We find that the appellant shall suffer if the delay is not condoned in absence of any malafide or deliberate breach of law by the appellant. Accordingly we condone the delay and admit the appeal. 4. When we go to the stay application, we find that there is a tax demand of ₹ 56,514/-. Ld. Counsel argu .....

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