Order passed by the State commission, not on merits. There was a delay in filing appeal hence dismissed and the delay was not condoned. A major point pertaining to sickness of the person handling legal work with regard to condonation of delay was left out in the condonation application before the State Commission. Doctors certificate and medical reports are available. Can we now take up the missed point of sickness in the review application before the State commission? Also State commission has no powers to pass an order against a BIFR company unless permission is taken from Hon'ble BIFR. Can these two points hold merit in review application? Please guide. Besides this the appeal itself own merits, if the delay is condoned then chances of winning the case is 100%. Approaching National commission would mean time consuming and costly.
