2008 (4) TMI 59 - AT - Customs

Condonation of delay - period of limitation expired on 16-8-07 whereas the appeal was filed on 8-2-08 - it appears that the steps for filing the appeal were taken well within time & as a matter of fact the appellant was informed telephonically in the second week of August, 2007 that the appeal had been filed. It later transpired after enquiry on 29-1-2008 that the appeal had not been filed due to negligence on the part of Advocate s clerk - delay was not deliberate, hence allow the application

Summary

The appeal was filed after a delay of five months and twenty-one days due to negligence on the part of the Advocate's clerk. The delay was not deliberate, so it was condoned, and the stay application was listed for hearing on 24-4-2008. (Dictated and pronounced in the open Court on 8-4-2008)