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2021 Supreme(Del) 2160

JYOTI SINGH
Dewan Chand – Appellant
Versus
The Central Board Trustees – Respondent


Advocates appeared:
Mr. Tejpal Singh Kang, Advocate, for the Appellant, Mr. Braja Bandhu Pradhan, Advocate, for the Respondent.

ORDER

Jyoti Singh, J. (Oral). - Present petition has been filed assailing the order dated 19.11.2020 whereby the applications filed by the Petitioner for restoration of the appeal and condonation of delay in filing the restoration application have been dismissed.

2. Petitioner is a partnership firm with two partners. An Assessment Order was passed by Assistant Provident Fund Commissioner, Faridabad under Section 7(A) of the Employees Provident Fund & Miscellaneous Provisions Act, 1952 (hereinafter referred to as the 'the Act') on 29.11.2012 assessing Rs.6,55,380/- allegedly payable by the Petitioner establishment. The said order was challenged by the Petitioner by an appeal before the Employees Provident Fund Appellate Tribunal (now Central Government Industrial Tribunal), Delhi, in the year 2013, being ATA No. 184(16) 2013. Appeal was admitted on 19.03.2013, subject to deposit of 25% of the assessed amount.

3. The appeal was dismissed in default on 10.05.2016 due to non-appearance of the Petitioner, but was restored on 06.06.2016. Yet again, when the appeal was listed on 14.12.2016, there was no appearance on behalf of the Petitioner and the CGIT dismissed the appeal in default. Afte

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