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2018 (7) TMI 2005

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..... lated in the Act itself shows that he is grossly negligent in pursuing his cases. Further the certificate issued by Grace Community only shows that he is conducting preaching sessions across various stations in India including Ludhiana, Punjab and Hyderabad. This certificate does not prove that he is not visiting Kerala during the last four years more so when his business is being run by his brother in law and at his residential address his father was residing till 29.05.2015. Since the delay in these present appeals is inordinate and the same has not been satisfactorily explained by the applicant to our satisfaction, consequently we are not inclined to condone the delay of more than two and half year and as a result of which COD applica .....

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..... njab and Hyderabad since July 2013. It has also been averred in the application that the applicant had transferred his business to his brother in law who was conducting the business since December 2013 and since July 2013 his father was residing at his residence address and he has also passed away on 29.05.2015 and his late father also did not inform him about any such order/letter received at his residence. Further he has received the information about the impugned order only in August 2017 and had taken steps to obtain certified copies of the same which was obtained by him by 10.08.2017 and thereafter preferred the present appeals. 2. Heard both the parties and perused the records. 3. Learned counsel for the applican .....

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..... iven by the applicant is that he was not in Kerala since July 2013 and he has transferred his business to his bother in law since 2013. Further we find that the applicant has stated in the affidavit that the entire issue canvassed in the appeal is under the scrutiny of the High Court of Kerala in WPC No. 26035/2014 which is pending before the Hon ble High Court. If the applicant is aware of the petition pending in the High Court since 2013 and in spite of that he did not file the appeal before this Tribunal within the time stipulated in the Act itself shows that he is grossly negligent in pursuing his cases. Further the certificate issued by Grace Community only shows that he is conducting preaching sessions across various stations in India .....

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