2009 (4) TMI 650

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... Advocate, for the Appellant. Shri A.K. Prasad, Jt. CDR, for the Respondent. [Order per : Ashok Jindal, Member (J). - These appeals are filed alongwith stay petitions and the applications for Condonation of Delay against the order passed by the Commissioner of Customs (Import), Nhava Sheva. The Order is dated 28-1-2008. It was issued on 27-2-2008. 2. Heard both the sides and perused the d .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... unal. The appellant has also filed a medical certificate dated 27-8-08 issued by Dr. Jagdish L. Sharma, Consulting Physician & Surgeon Child Specialist, wherein it is stated that Mrs. Hita Hiten Vora is under his treatment and observation from 2-3-08 for repeated acute attacks of depression and mental illness. Due to this, she is required to be kept under the observation and supervision of doctors .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... omehow justify the delay in filing the appeal. He further argued that the explanation given by the appellant for condonation of delay is not tenable. He pointed out that the certificate has not been issued by the Specialist doctor but by the Consulting physician and surgeon Child Specialist. 5. From the perusal of the medical prescriptions, it is observed that the doctor, who examined Mrs. V .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... - length of delay not relevant - Explanation to be acceptable for condonation of delay in filing appeal - Section 5 of Limitation Act, 1963. - Sometimes delay of shortest range may be uncondonable due to want of acceptable explanation whereas in certain other cases, delay of very long range can be condoned as the explanation thereof is satisfactory. Once the court accepts the explanation as suffi .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... e filed in time is due to the illness of the wife of the Proprietor. The medical record placed before us does not inspire any confidence. The explanation given by the appellants for condonation of delay is not acceptable. We are not satisfied that the appellants were prevented by sufficient cause from presenting the appeal within the time limit prescribed. We, therefore, dismiss the applications f .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X