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2016 (5) TMI 382 - HC - Central ExciseCondonation of delay - 2192 days - Delay in filing appeal happened because first the appellant had filed the appeal before the Gujarat High Court who was not having the territorial jurisdiction to entertain an appeal - Appeal before the Gujarat High Court was in fact filed in time - Held that:- there is no doubt that the Appellants were pursuing their remedy in a “Court”. The only question was one of lack of territorial jurisdiction. There is also no dispute that the Appeal before the Gujarat High Court was in fact filed in time. The entire period, therefore, from the time of filing of the Appeal in the Gujarat High Court till its disposal as above by that Court must, in our view, be fairly excluded for the purposes of limitation. If that is not done, great injustice and unfairness will result. The direction of that High Court, with respect, is that the papers in each of these Appeals be returned to the respective Appellants / their Advocates for presentation to the Competent Appellate Court, which is this Court. Therefore, for the purpose of computing the delay to be condoned, if any, we must take first the two dates that lie at the extremities, viz., the date of receipt of the order appealed against and the date of filing of the Appeal in the present Court. From this period, the entire period from the date of filing of the Appeal in the Gujarat High Court to the date of its disposal by that High Court is to be excluded. If the remaining period is found to be 180 days or less, then there is no question of any application being necessary to condone the delay and the Appeal is in time. It is only if this remaining period exceeds 180 days that the Appellant will be required to file a application seeking condonation of delay and setting out the reasons or cause which in the Appellant's opinion is sufficient. - Notice of Motion allowed
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