Home Case Index All Cases Customs Customs + HC Customs - 2016 (12) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2016 (12) TMI 75 - HC - CustomsCondonation of delay of 570 days - Held that: - no party should be denied access to justice all due to lack of necessary financial support to bear the costs to litigate. In other words, distressful condition in which a litigant is positioned should not come in his way to seek a remedy against injustice caused to him - so long due to delay the opposite parties have not changed their position and if the opposite parties are not going to suffer any prejudice by the condonation of delay, a liberal approach can be adopted in the matter of condonation of such delays. In the instant case the Revenue's interests will not suffer any prejudice by condoning the delay. Normally, very liberal approach is adopted unless the delay itself is so enormous one which is almost as much as a period of limitation that was prescribed for initiating a legal proceedings seeking a similar relief in a civil Court. Wherever delay of certain extent, like in the instant case falls for consideration, the ends of justice would be served better by imposing certain terms on the party seeking condonation of delay so that it will serve the purpose of reminding the parties not to sleep over their right for too longer a period - the ends of justice would be served better if the delay in preferring the appeal by the appellant is condoned, but subject to payment of costs. Hence, the delay of 570 days in preferring both the appeals against the Orders in Original dated 28.02.2013 is condoned subject to payment of costs of ₹ 5000/- (Rupees Five Thousand only) in each of the cases to the Mediation and Conciliation Centre attached to this High Court, on or before 25.11.2016 - delay condoned - appeal allowed.
|