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TMI Blog2009 (3) TMI 731X X X X Extracts X X X X X X X X Extracts X X X X ..... S.K. Bhaskar, DR, for the Respondent. [Order]. Learned Counsel Shri Alok Arora submits that the appellant has a favourable case. There is delay of 1242 days in filing the appeal. He submits a date chart. He further submits that the appellants have faced consequences of adjudication by order dated 22-8-05 resulting in confiscation of 930 pieces of car compressors and also levy of penalty ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ignorance of process as to the manner of filing appeal since appellant was not given proper copies. He prays that if the appeal is thrown at the threshold, he will face grave injury. 3. Learned DR agrees with the factual position of the length of delay. 4. Heard both the sides and perused the record. 5. The appellant has been suffering from 22-8-05. Present suffering is nothing new to the ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... came to the Tribunal against the order dated 8-9-99, the appellant was aware of provision of law. Therefore, there is nothing proved by the appellant as to his innocence so far as the appeal remedy is concerned. The appellant has no sincere efforts made before the limitation expired nor after such expiry. But he has a casual approach in approaching the forums for the appeal remedy. 6. The manne ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... condoning delay, allowing MA (COD) Application. 7. Learned Counsel proceeded to argue on the stay for realization or penalty of Rs. 3 lakhs imposed. He is not able to address on the reasons for lenient consideration. Learned DR supports the order below. 8. Considering that the appellant has also suffered confiscation, prima facie, it would be proper to direct the appellant to make a pre-deposi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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