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2014 (2) TMI 728 - CESTAT NEW DELHICondonation of delay - application for condonation of delay was without mentioning number of days of delay and that remained blank - That was notarized leaving the age of the deponent also blank. When such defect was pointed out, the appellant came up filing an application on 01/10/2012 stating that inadvertently the number of days of delay not mentioned in Para 3 of the application was 3 days and age of the appellant inadvertently skipped was 52 years. The application so filed was not verified by an affidavit for which again on 11.07.2013, the appellant filed an affidavit without explaining the number of days of delay - Held that:- Prima facie, it appears that arrest of the appellant along with the abettor Moolchand Sharma does not show that the appellant was an innocent and unaware of the status of adjudication. He had painted a gloomy picture to gain misplaced sympathy - Merely stating that the appellant received the impugned order late for reasons attributable to him, he is not absolved of his obligation to adhere to the limitation prescribed by law. Laxity does not add to longevity of a remedy which exhaust with the passage of time following doctrine of resjudicata. Casual approach of appellant shows its scanty regard to law. Had there been bonafide, the appellant would have pursued its right without painting a gloomy picture and abusing the process of law. There cannot be presumption of deliberate delay on account of culpable negligence or mala fide. But reasons of delay explained must be acceptable to law. The appellant failed to satisfy to law that it had made every effort to come out with clean hands to seek condonation of delay ascertaining status of adjudication after completion of hearing. When his associate Shri Mool Chand Sharma suffering penalty in the deal of mis-declared import in the self same adjudication came in appeal duly to Tribunal - Condonation denied.
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