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2010 (1) TMI 67 - HC - CustomsDelay in filing of an appeal - Petition filed Under Article 226 of the Constitution - The petitioners filed appeals to the first respondent, challenging the order passed by the 2nd respondent. While filing the applications seeking to condone the delay of 80 to 86 days in preferring the appeals, an affidavit was filed by the authorised representative one Mr.Radhakrishna Sharma in support of the petitions filed for condoning the delay stating that the papers have been entrusted to him for filing the appeals and the appeals could not been filed in time, in view of the serious illness caused to his mother and thereafter to himself. The Tribunal has dismissed the appeals filed by the writ petitioners stating that the reasons assigned by the petitioners were not satisfactory and in any case the subsequent delay has not been explained properly. Challenging the common order passed by the Tribunal, the present writ petitions have been filed. – held that - admittedly there is some laxity on the part of the petitioners in filing the appeals in time. The petitioners were not diligent enough to file the appeals within the stipulated time even though the delay caused is not willful or deliberate. Hence taking into consideration of the above said factual position, this Court is of the opinion that the interest of justice would suffice that all the petitioners in each of the writ petitions will have to be directed to pay a sum of Rs.1,000/- to the said Legal Aid Authority. – appeals restored before CESTAT
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