2016 (3) TMI 1338 - HC - Customs

Condonation of delay of 581 days - Section 5 of the Limitation Act - Held that - Considering the huge delay in filing of this application under section 5 and the fact that the delay has not been properly explained the present application for condonatoin of delay cannot be allowed and the same is dismissed - application disposed off.

Summary

Issues Involved:
Delay in filing application under Section 5 of the Limitation Act, interpretation of "sufficient cause," consideration of legal precedents, explanation of delay, dismissal of application for condonation of delay.

Analysis:

The judgment deals with an application arising from a request by the Chief Commissioner of Customs & Ors. to condone a delay of 581 days. The Senior Standing Counsel argued that the discretion under Section 5 of the Limitation Act rests with the Court and can be utilized to condone the delay. However, the opposing party contended that the delay was excessive and not adequately explained in the application under Section 5 of the Limitation Act.

The opposing party cited two decisions of the Hon'ble Apex Court to support their argument. The first decision highlighted that a subsequent Special Leave Petition (SLP) would not be barred by res judicata even if a prior SLP was dismissed summarily without reasons. The second decision emphasized that while the courts have a liberal approach in deciding applications under Section 5 of the Limitation Act, negligence or lack of bona fides should not be imputed to the party. The term "sufficient cause" was elaborated to stress the importance of ensuring substantial justice without allowing petitions without considering the delay.

The Court reviewed the history of the case, noting previous applications and dismissals. Despite the Senior Standing Counsel's submission that the delay was not fully explained, the Court found the delay significant and not properly justified. Citing legal precedents, including the duty of the petitioner to explain delays, the Court concluded that the application for condonation of delay could not be allowed and was thus dismissed.

As a result of dismissing the application under Section 5 of the Limitation Act, the Court disposed of other related applications as well. No costs were awarded, and parties were directed to receive a copy of the order promptly after completing formalities.