1990 (2) TMI 198 - AT - Central Excise

Summary

Issues:
Delay in filing the Stay Petition and appeal, condonation of delay application, sufficiency of cause for the delay.

Analysis:
The judgment involves an application seeking condonation of delay in filing a Stay Petition and appeal before the Appellate Tribunal CEGAT, CALCUTTA. The applicants received the impugned order on 2-2-1989 but filed the appeal on 28-8-1989, exceeding the statutory time limit. The delay was attributed to the constituted attorney's absence for his father-in-law's treatment and the advocate's negligence in misplacing the papers. The advocate's affidavit corroborated the attorney's absence, and no medical certificate was provided. The advocate's negligence was acknowledged, but the Tribunal considered the circumstances. The advocate's misplaced papers were located on 23-8-1989, leading to the delayed filing. The Tribunal referred to legal precedents emphasizing the liberal construction of "sufficient cause" to advance substantial justice when no negligence is imputable to a party. The Supreme Court's decision highlighted that negligence of the advocate cannot be imputed to the client, especially when the advocate's actions were beyond the client's control. The Tribunal held that the applicants demonstrated sufficient cause for the delay, and the application for condonation of delay was allowed. The Stay Petition was scheduled for a hearing on 25th April, 1990, with a copy of the order to be sent to the advocate on record for notice.