2006 (9) TMI 572 - SC - Customs

Summary

Issues:
1. Dismissal of appeal by High Court due to delay in filing.
2. Application for condonation of delay under Section 5 of the Limitation Act, 1963.
3. Misplacement of application for condonation of delay.
4. Acceptance of explanation by the appellant in the interest of justice.
5. Payment of costs to the National Legal Services Authority.
6. Deposit of a sum of Rs. 20,000 by the appellant.
7. Request for expeditious disposal of the appeal by the High Court.

Analysis:
The Supreme Court addressed the issue of the dismissal of the appeal by the High Court due to a delay of 21 days in filing. The Division Bench highlighted that no application for condonation of delay under Section 5 of the Limitation Act, 1963 had been filed. However, the appellant claimed in Paragraph 8 of the application that an application for condonation of delay was filed but allegedly misplaced. Despite the general reluctance to interfere with the impugned order, the Court, in the interest of justice, accepted the appellant's explanation and decided to condone the delay in filing the appeal before the High Court, subject to putting the appellant on terms.

The Court further considered the issue of costs, with the Additional Solicitor General expressing no objection if the directed costs were paid to the National Legal Services Authority. Consequently, the Court allowed the appeal on the condition that the appellant deposits a sum of Rs. 20,000 before the Member Secretary of the National Legal Services Authority within two weeks. Additionally, the Court requested the High Court to expedite the disposal of the appeal, preferably within a period of three months from the date of receipt of the Court's order, emphasizing the importance of timely resolution in legal matters.

In conclusion, the Supreme Court allowed the appeal, subject to the specified condition, and urged the High Court to prioritize the expeditious disposal of the case. The judgment showcases the Court's consideration of the appellant's explanation, the payment of costs to the National Legal Services Authority, and the directive for timely resolution of the appeal, emphasizing the importance of justice and efficiency in the legal process.