2009 (7) TMI 883 - HC - Central Excise

Condonation of delay - delay of about 30 days - appellants received order on 29th September, 2008. They filed appeals on 28-1-2009 and gave papers to the consultant on 22-12-2008 which was within the time of filing the appeals. Thereafter, there was some delay in the office of the consultant. Once, the petitioner herein had taken steps, failure of the consultant ought not to result in denying to the petitioner s a remedy of hearing especially when the delay is only of about 30 days - Held that - order is set aside, Delay condoned.

Summary

The Bombay High Court ruled in favor of the petitioners, condoning the delay of about 30 days in filing appeals as they had taken necessary steps within the time limit. The court set aside the previous order and directed the Tribunal to consider the applications according to the law. No costs were awarded.