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2015 (12) TMI 245 - HC - CustomsCondonation of delay - Inordinate delay of 928 days - No information of disposal of appeal - Held that:- Once the order, which was followed, has not attained finality and a batch of 107 appeals are already entertained by this Court and are pending as on date, the applicants are justified in filing the appeal against the order of the learned Single Judge and the delay, though is abnormal, is properly explained by stating that the learned counsel engaged, or his office, never informed the fact about the final order passed in the writ petition and after receiving notice on caveat, the applicants immediately approached the counsel for applying for the certified copy which was also not applied and thereafter through another counsel certified copy was applied and after receiving the same, appeal papers were made ready and the same was filed. The said explanation shows sufficient cause to condone the delay. As rightly contended by learned counsel for the applicants, by condoning the delay, the right of the respondent will not be affected as the order in its favour was passed by following an earlier order, which is in appeal as on date. - Delay condoned conditionally.
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