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2013 (11) TMI 445 - BOMBAY HIGH COURTCondonation of delay - Status of order not informed - Change in address - Appeal filed with a gap of 10 years from the date of the order of adjudication - Held that:- several attempts were made to serve the appellant by registered post. The operation reports which have been referred to in the order of the Tribunal indicated that the appellant was absconding since there was a COFEPOSA detention order against him, pending execution during the period. The Additional Chief Metropolitan Magistrate, Mumbai by an order dated 28 September 2001 required the presence of the appellant on 21 December 2001 by cancelling the bail issued to him earlier. Eventually as required under Section 153(b), a copy of the order was displayed on the notice board of the Customs house. The Tribunal was under the circumstances justified in coming to the conclusion that service was duly complete as required under Section 153 and if the appellant had changed his address, it was his duty to inform the authorities. As a matter of fact, the appellant was absconding in view of the COFEPOSA detention order and the proclamation made for his appearance. The appellant was evading the service of summons. No case for condonation of delay is made out - Decided against Appellant.
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