M.KARPAGA VINAYAGAM,J. - (1.) THE Appellant/Applicant M/s. Sadashiva Sugar Limited has filed the Appeal as against the impugned order dated 24.3.2011 passed by the Karnataka State Commission.
(2.) THOUGH the State Commission passed the impugned order on 24.3.2011, the Appellant Applicant filed the Appeal only on 9.11.2011 with long delay.
(3.) THE Registry, on perusal of the Appeal papers found some defects on 29.11.2011 and issued defect notice to the Applicant pointing out the defects and asking the Applicant to cure the defects within 7 days and re -file the appeal. However, after curing the defects, the Applicant has refiled the matter on 27.2.2012. Thus, there was delay in refiling also. Hence, the Applicant filed 2 applications to condone the delay in refiling as well as the delay in the filing the appeal. According to the Applicant in refiling the Appeal there was a delay of 50 days. This Tribunal while considering the said Application in IA No.79 of 2012, though observed that the explanation for the delay of 50 days was not satisfactory, thought it fit to condone the said delay on the payment of cost to a charitable organisation by the order dated 13.3.2012. Then they filed other Application in IA nos. 79 and 80 of 2012 for hearing the application to condone the delay in filing the Appeal on 27.3.2012. Accordingly, this Application IA 80/2012 came up for hearing on 27.3.2012. In this Application notice was issued to the Respondent returnable on 11.4.2012. When the matter was called on 11.4.2012, the Learned Counsel for the Applicant was absent and therefore it was posted for dismissal on 13.4.2011 i.e. today.;