TMI Blog2018 (8) TMI 615X X X X Extracts X X X X X X X X Extracts X X X X ..... 014 as well as the order contained in Annexure-’12’ to the present writ application, we are not inclined to exercise our powers in extra-ordinary writ jurisdiction to entertain the present writ application. Application dismissed. - Civil Writ Jurisdiction Case No.12073 of 2018 - - - Dated:- 3-8-2018 - MR. RAJEEV RANJAN PRASAD J. Appearance : For the Petitioner/s: Mr. D.V.Pathy, Advocate For the Respondent/s: Mr. S.D Sanjay (Addl. Soc. Gen.) Mr. Anjani Kr. Saran, Asst. S.G. ORAL JUDGMENT (Per: MR. RAJEEV RANJAN PRASAD) This writ application has been preferred for setting aside the notice dated 16.02.2018, as contained in Annexure-10, to the writ application, issued by respondent no. 4 directing recovery of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ppeal within the stipulated period and has chosen to file the appeal against the recovery proceedings initiated against them. The Commissioner (Appeals) observed that because the impugned letter dated 08.02.2018 has been cancelled and withdrawn, the request for appeal has become infructuous. he refused to accept the other request of the appellant to direct the respondent to provide them a certified copy of the order-in-original dated 19.03.2014 in view of the facts available on the record clearly establishing that the relevant order in original dated 19.03.2014 was communicated to the appellant in form of an attested copy which is as good as certified copy of the order taking into account the fact that the said order in original was atteste ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in view of such statutory provision filing of an attested copy of the order in original would not be sufficient to condone the delay in filing of the appeal before the Commissioner (Appeal) but fact remains that the petitioner has not availed the statutory remedy of Appeal against the order dated 19.03.2014. 8. We are not willing to go into the merits of the contention at this stage as we find from Annexure-12 that there is a finding to the effect that the petitioner was served with a duly attested copy of the order dated 19.03.2014, and the Commissioner (Appeals) has found that there is no denying the fact that the appellant (present petitioner) had received the attested copy of the said order. He has referred the contents of the letter ..... X X X X Extracts X X X X X X X X Extracts X X X X
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