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TMI Blog2022 (1) TMI 365X X X X Extracts X X X X X X X X Extracts X X X X ..... dvocate h/f Shri S.N. Chichbankar, Advocate for appellant. Ms Meghna Munshi, Advocate for respondent no.1. Shri S.N. Bhattad, Advocate for respondent no.3. ORAL JUDGMENT : (PER : PUSHPA V. GANEDIWALA , J.) Admit. Heard finally Adv. Ms. Saumya Chaube for the appellant, Adv. Ms. Meghna Munshi for respondent No. 1 and Adv. Shri. S. N. Bhattad for respondent No. 3. 2. This is an appeal und ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of 75 days caused in preferring the appeal. 4. The learned Member (Judicial) of the Tribunal dismissed the application for condonation of delay mainly for the reasons mentioned in para 4, which reads thus: "4. I find that even though the applicant has attempted to make a case that it is the negligence of the first Consultant resulting into delay, however, the said plea has not been supp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es. 8. At the outset, a perusal of the impugned order would reflect that in the absence of the appellant or his counsel, the impugned order came to be passed. The reason for the delay as contended by the appellant is that his earlier counsel failed to prefer an appeal within the prescribed period of limitation and therefore the appellant handed over the papers to the second counsel for preferring ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... en granted to the appellant, the appellant would have satisfied the queries of the learned Member of the Tribunal. In the absence of appellant the impugned order came to be passed. In any case, the appeal has not been decided on merits. One opportunity needs to be given to the appellant to argue his case on merits. We find substance in the submission of the learned counsel for the appellant. There ..... X X X X Extracts X X X X X X X X Extracts X X X X
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