TMI Blog2018 (5) TMI 1423X X X X Extracts X X X X X X X X Extracts X X X X ..... e delay is substantial as against the legislative intent that no appeal should be entertained beyond a maximum period of 90 days. The petitioner has consumed more than a year in agitating the issues - petition dismissed - decided against petitioner. - Special Civil Application No. 21603 of 2017 - - - Dated:- 15-3-2018 - MR. AKIL KURESHI AND MR.B.N. KARIA, JJ. For The Petitioner : Mr Saurab ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... esent the appeal within the prescribed time limit. Beyond this extension however, the authority totally lacks any power to condone delay. In other words, an appeal, filed beyond a period of 90 days from the date of communication of the order under challenge, statutorily cannot be entertained by the Appellate authority. In background of such provision, this Court has taken a view that this provisio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e well explained. Non entertaining the challenge should result into gross injustice. 2. In the present case, the delay is in excess of 400 days and is sought to be explained on the ground that the consultant, who was engaged by the petitioner, did not defend the case properly before the Adjudicating authority and did not communicate the decision though he received the order on behalf of the pet ..... X X X X Extracts X X X X X X X X Extracts X X X X
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