TMI Blog2017 (8) TMI 1005X X X X Extracts X X X X X X X X Extracts X X X X ..... accordingly, I hold that the time taken before the Hon'ble High Court is required to be excluded under the provisions of Limitation Act and on such exclusion the appeal seems filed within time - delay condoned. As the classification of service is also in dispute in the present appeal, the appeal is transferred to Division Bench for final hearing - appeal allowed in part and part matter on reman ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of alternative remedy vide order dated 03 April, 2017. Thereafter, the appellant filed the present appeal in this Tribunal on 4 July 2017, which is the 91 st day from 3 rd April 2017. It is further explained that the time was taken in obtaining the certified copy of about four days and if the same is excluded as required under the General Clauses Act, the appeal have been filed within time. It i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ructions the appellant had been orally informed by the said counsel that the appeal have been filed. But later on when the appellant received recovery notice from the Department, he made enquiries with the office of the Commissioner (Appeals) along with the said advocate and it came to notice that no appeal had been filed on their behalf. These facts have been stated by the appellant on affidavit. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s adequately explained and accordingly, I hold that the time taken before the Hon'ble High Court is required to be excluded under the provisions of Limitation Act and on such exclusion the appeal seems filed within time. So far the appeal before the learned Commissioner (Appeals) was concerned I find that though the delay is attributed to the office of the advocate who was entrusted to draft a ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
