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TMI Blog2018 (6) TMI 1307X X X X Extracts X X X X X X X X Extracts X X X X ..... could have been filed within three months from the date of communication of the Order-in-Appeal but the applicant filed the appeal only on 18.5.2018 and the only reason for such an inordinate delay in filing the appeal is that he was pursuing his matter before the JDGFT and DGFT authorities for obtaining the EODC certificate. There is no reason as to why he did not file the appeal in time when ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onths from the date of communication of the said Order-in-Appeal i.e., on or before 27.4.2016. However, the present appeal was filed on 18.5.2018 after a delay of 751 days. The applicant has further averred that the reasons for the delay is that the applicant submitted necessary documents for obtaining the Export Obligation Discharge Certificate (EODC) towards the fulfillment of export obligation ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... further submitted that the delay caused in filing the present appeal is beyond their control and therefore, the same may be condoned in the interest of justice. In support of his submissions, he relied upon the following decisions: Collector, Land Acquisition Anantnag Another vs. MST. Katiji and Others: 1987 (28) ELT 185 (SC). Bhag Singh Others vs. Major Daljit Singh and Others: 1987 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the JDGFT and DGFT for issuance of EODC certificate, then there was no reason to prevent him from filing the appeal in time. 5. After considering the submissions of both the parties and perusal of the material on record, I find that admittedly the impugned order was received by the applicant on 28.1.2016 and the appeal could have been filed within three months from the date of communication of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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