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2015 (10) TMI 1529 - HC - CustomsAppeal for Condonation of Delay No affidavit filed by the Appellant till date explaining the proper reasons for delay of 661 days in filing the Appeal Held That - Vague statement has been given by the Appellant for the delay Application is rejected and the appeal stands dismissed Decided against the Appellant.
Issues: Delay in filing appeal, application for condonation of delay, sufficiency of explanation for delay
The judgment deals with an application (I.A. No. 2/14) filed to condone a delay of 661 days in filing an appeal. The affidavit in support of the application was filed by the counsel, not the appellant. The counsel's explanation for the delay was that the appellant was busy with personal matters, including traveling outside India and conducting his daughter's wedding. The court found this explanation insufficient, noting the lack of specific details regarding the appellant's travel dates or the wedding. The court deemed the explanation vague and unsatisfactory, leading to the rejection of the application for condonation of delay and the subsequent dismissal of the appeal. The main issue in this case was the delay of 661 days in filing the appeal, prompting the filing of an application for condonation of delay. The court highlighted that the explanation provided by the counsel, on behalf of the appellant, was not satisfactory. The court emphasized the importance of a proper and detailed explanation for such a significant delay. The lack of specific details regarding the appellant's travel dates and the wedding of his daughter contributed to the court's decision to reject the application for condonation of delay. The judgment underscores the crucial requirement of a valid and detailed explanation for delays in legal proceedings. In this case, the court found the explanation provided by the counsel on behalf of the appellant to be vague and lacking in specific details. The court emphasized the need for clear and specific information regarding the reasons for the delay to justify condonation. The court's decision to reject the application for condonation of delay and dismiss the appeal was based on the insufficiency of the explanation provided, highlighting the importance of transparency and specificity in such matters.
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