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condonation of delay

Guest (Querist) 29 December 2010 This query is : Resolved 
a matter was filed before CAT, which was dismissed inlimine as time barred, without going into merits of the case.

Rather than filing an application of condonation of delay, the applicant filed a review application on the ground of a representation omitted to be filed alongwith the main applicaiton.

The review was dismissed straight away.

Applicant filed a writ petition before high court challenging both orders as above.

The petition was dismissed.

1.CAN HE STILL FILE AN APPLICATION FOR CONDONATION OF DELAY AND REQUEST CAT TO TAKE THE CASE ON MERITS ?

2.CAN A FRESH O.A. BE FILED AS THE MATTER WAS NOT CONTESTED ON MERITS?


Tribhuwan Pandey (Expert) 29 December 2010
if dismissed on merits/on the grounds of delay
you have only remedy SLP before Supreme Court.
Guest (Querist) 29 December 2010
Kindly peruse the query pls.
It was not dismissed on merits before CAT.
Arun Kumar Bhagat (Expert) 29 December 2010
Mr. Pandey is right.
niranjan (Expert) 29 December 2010
I think it is rejection being barred by law of limitation which would not preclude fresh presentation with delay condonation application.
M/s. Y-not legal services (Expert) 31 December 2010
you can file appeal in above said writ..


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