TMI Blog2021 (7) TMI 1190X X X X Extracts X X X X X X X X Extracts X X X X ..... eal before the Tribunal. There is no good reason as to why, after the order was passed by the High Court dismissing a writ petition on the ground that the writ petitioner had a statutory alternative remedy of preferring an appeal before the Tribunal, the applicant preferred a Miscellaneous Application before the Tribunal for compliance of the earlier directions issued by the Tribunal on January 31, 2017. Though there is a considerable delay in filing the appeal, but having regard to the fact that the applicant had approached High Court and, thereafter, had filed a Miscellaneous Application before the Tribunal we consider it appropriate to condone the delay but on imposition of cost upon the Appellant - The delay condonation application i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ribunal. This Miscellaneous Application was rejected by the Tribunal on January 11, 2019 for the reason that the proper remedy available to the applicant was to file an appeal before the Tribunal against the order dated February 23, 2018. It has, therefore, been stated that after dismissal of the application, the appeal was preferred before the Tribunal on February 15, 2019. 3. Shri Piyush Kumar, learned Counsel for the applicant submitted that in the facts and circumstances of the case, the delay in filing the Appeal is not deliberate and Tribunal should take a lenient view. His submission is that the period from May 10, 2018 to January 28, 2019 should be excluded as the applicant had pursued remedies in a bonafide manner. 4. Shri O. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... this application the applicant concealed the filing of writ petition before the High Court and its dismissal. The Miscellaneous Application was ultimately rejected by the Tribunal on September 19, 2018 for the reason that the applicant, if aggrieved, should have preferred an appeal before the Tribunal. It clearly, therefore, transpires that an appeal should have been filed after the dismissal of the writ petition, but it was not filed. 7. Though there is a considerable delay in filing the appeal, but having regard to the fact that the applicant had approached High Court and, thereafter, had filed a Miscellaneous Application before the Tribunal we consider it appropriate to condone the delay but on imposition of cost upon the Appellant. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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