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TMI Blog1985 (3) TMI 276X X X X Extracts X X X X X X X X Extracts X X X X ..... ibunal through appeal in respect of which the present application for condonation of delay is filed, was communicated to the applicant on 31-8-1982. Under sub-section (3) of Section 129-A of the Act an appeal has to be filed within three months from the date on which the order appealed against is communicated. Thus under this provision the applicant, should have filed the appeal by 30-11-1982, The applicant, however, filed appeal to the Tribunal on 29-11-1983. 3. The application does not specifically state when the time-limit for filing the appeal expired though in Para 3 of the application, there is a reference to a recital in the printed preamble of the order that Revision Application against the order could be presented to the Additio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... espondent non-applicant. By this time Shri Kartik M. Patel, Managing Partner of the applicant had also filed an affidavit dated 20-2-1985 in support of the application alongwith a medical certificate dated 29-11-1983 issued by one Dr. S.R. Balasubrahmanyan, Mina Nursing Home, Guindy, Madras. This certificate certifies that Shri Kartik M. Patel had been suffering from hypertension with angina and complete bed rest was advised from August, 1982 to November, 1983 for restoration of his health. During arguments, Shri Gujral learned Advocate for the applicant submitted that the applicant in view of the Customs, Central Excise and Gold (Control) Removal of Difficulties Order, 1982, could file appeal within six months from the date of communicatio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Central Excise v. Hydraulics Ltd. - 1984 (16) E.L.T. 254, the Bench had not condoned the delay of even two days. According to him, the time-limit of six months Stipulated by the Customs, Central Excise and Gold (Control) Removal of Difficulties Order, 1982 was applicable to a case where in fact an appeal had been filed within the time stipulated in the order because the order was only a transitional provision. The order was not applicable to a case where appeal was filed after expiry of the stipulated time-limit in the order. In this case, the applicant filed appeal only after expiry of the time-limit stipulated in the order and therefore, the applicant cannot take benefit of the provision for extended time-limit of six months. He submi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ake in calculation and Government correspondence. It was also held that existence of sufficient cause justifying condonation of delay has to be decided with regard to the fact and circumstances of each case. In Hindustan Aeronautics Limited case (supra), the High Court of Orissa rejected the request of the State of Orissa to condone delay of 137 days in filing appeal- delay claimed to have been due to official consultation and correspondence and quashed the order of the Tribunal condoning delay in favour of State of Orissa. The Orissa High Court went on to add that such power is discretionary. When discretion vests in a judicial or quasi-judicial body it has to be exercised in accordance with the well settled principles of justice and not i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... condonation of delay unless it be shown that the nature of the illness was such that it would prevent all action on his part. The nature and magnitude of illness and the fact surrounding the inability to act have all to be assessed and looked into. If we look into Kartik M. Patel s affidavit and certificate, the two are vague and bald. They only generally refer to illness and necessity of rest. If the illness was of such a long duration of 15 months and the delay in filing the appeal is of the order of 272 days, one would expect necessary particulars detailing the various stages of illness whether all along the period of 272 days of delay, Kartik M. Patel was so ill that he could not take any steps for filing the appeal. The application, th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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