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2014 (12) TMI 732 - HC - Central ExciseCondonation of delay - Inordinate delay of 580 days - Reason attributed to delay is lack of knowledge of legal technicalities - Held that:- Even if the petitioner was not fully aware about the period of limitation prescribed under the law of limitation, that would not enable him to sleep over his right for inordinate period and claim illiteracy as a ground for defence. Even as per his own affidavit he has merely instructed his advocate to file an appeal. He has never stated that he had signed the authorization form of the advocate or the appeal memo. Surely even a layman is supposed to know that legal proceedings cannot be launched without authorization being given to the legal consultant. He has also not stated that after having assured him that the appeal would be filed, the advocate had at any point of time conveyed to him that the appeal was actually filed. In short, even as per the petitioner's own account he has merely raised contention that he had instructed his advocate to file an appeal neither ensuring that the appeal is prepared duly signed by him and presented before the Tribunal nor did he obtain the confirmation from his advocate that the same is actually filed. The petitioner cannot throw the entire blame on his advocate. - Condonation denied.
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