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TMI Blog1992 (8) TMI 173X X X X Extracts X X X X X X X X Extracts X X X X ..... ty that he had to leave Dammam suddenly due to the war and he entrusted his baggage to his friends and later he was informed by his friends that shipment was suspended due to the war. The lower authority in his order has held that the appellant did not satisfactorily explain the reasons and had produced no evidence in support of his plea that the delay was due to the reasons beyond the control of the appellant. 2. The learned Consultant for the appellant pleaded that at the relevant time extraordinary conditions were prevailing in and around Saudi Arabia following the illegal annexation of Kuwait. He pleaded that there was dislocation of shipping services and shipment space could not be secured for the shipment of the unaccompanied baggag ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... riates in Saudi Arabia to leave that country has been produced nor any evidence in regard to dispensing with the services of the appellant in that country because of the conditions prevailing there. While Kuwait had been occupied at that time, there is nothing on record to show that there was a general exodus of repatriates at the relevant time from Saudi Arabia particularly where the appellant was working. The appellant has not placed any evidence on record to show nor any circumstance has been explained before us that so far as the appellant was concerned he had to leave suddenly because of the prevailing conditions there which have been described as extraordinary. No letter has been produced either from the employers or from the Indian E ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er the war in Kuwait the position had generally settled in that area. In one case decided by the Tribunal in Order No. 24/1992 dated 23-1-1992 in Appeal No. C/864/91 /Mas the goods had been shipped from Saudi Arabia and received in India on 25-5-1991. The facts in that case are that the appellant in that case left the place because of warlike conditions on 5-1-1991 and he had entrusted the packages to the airlines before his departure and the packages were received by the shipping agents on 15-2-1991 and the same received in India on 25-5-1991 by him. In the present case we find the delay in despatch of the goods has been inordinately long and we do not find that it is a fit case for condonation of the delay in shipment and in view of this ..... X X X X Extracts X X X X X X X X Extracts X X X X
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