9911796707
TMI Blog1991 (1) TMI 259X X X X Extracts X X X X X X X X Extracts X X X X ..... application for condonation of delay. With the application, a datesheet chart has also been attached. Application for condonation of delay is reproduced below: Prayer for Condonation of delay under Sec. 129A(5) of the Customs Act, 1962. Appeal No. C/2385/83 Collector of Customs, Bombay... Appellant v. M/s. Watts Electronics Pvt. Ltd.... Respondent The Order-in-Appeal S/49-1172/82-R was passed by Collector of Customs (Appeals) on 31-3-1983 and the same was received in Collector s office on 17-5-1983. The file was processed at various levels and, therefore, there is a delay of 108 days. The time chart showing day-to-day movement of File is enclosed herewith. The delay of 108 days has been taken place on account of administrati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t in the case of Collector of Land Acquisition v. Mst. Katiji Bibi Others reported in 1988 (19) E.L.T. 565 where the Hon ble Supreme Court had held that the appellant is not to explain each and every day s delay, every hour s delay or every minute s delay. He has pleaded that the bona fide of the appellant should not be doubted, and the delay in the filing of the appeal should be condoned. 3. Shri Manoj Arora, learned Advocate, who has appeared on behalf of the respondent, slated that the main plea of the appellant for condonation of delay is the inter-departmental communication and it is not a sufficient cause as the matter is covered by a judgment of the Supreme Court which is on all fours applicable to the facts of the present case, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ta Yadogawa reported in 1988 (38) E.L.T. 739 had held as under in Para Nos. 2 3 :- 2. It appears according to the office report on limitation that the special leave petition is delayed by 51 days. The application for condonation of delay was filed on behalf of the petitioners stating therein that due to inter-departmental correspondence and processing of the matter to enable the department to file the instant petition." 3. Lists of dates in the application for condonation of delay gives interesting reading as follows :- 4-11-1986 The date of receipt of certified copy of the High Court, Patna s judgment. 18-11-1986 The Collector of Central Excise, Patna, forwarded the proposal to the Board for filing the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rtedly disturbed. The other consideration which cannot be ignored is that if sufficient cause for excusing delay is shown discretion is given to the Court to condone delay and admit the appeal. This discretion has been deliberately conferred on the Court in order that judicial power and discretion in that behalf should be exercised to advance substantial justice. As has been observed by the Madras High Court in Krishna v. Chathappan, ILR 3 Mad. 269, Section 5 gives the Court a discretion which in respect of jurisdiction is to be exercised in the way in which judicial power and discretion ought to be exercised upon principles which are well understood; the words sufficient cause receiving a liberal construction so as to advance substant ..... X X X X Extracts X X X X X X X X Extracts X X X X
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