9911796707
TMI Blog1985 (1) TMI 276X X X X Extracts X X X X X X X X Extracts X X X X ..... stant Collector of Customs (Refunds Department), Bombay. 2. Aggrieved by the said Order passed by the Collector of Customs (Appeals), Bombay, the Department filed 12 Appeals bearing Nos. 1584 to 1595/84-C in this Tribunal on 18-12-1984. As the time-limit for filing the appeals had expired on 26-10-1984, so the Department also filed these 12 applications for condonation of delay in all these 12 appeals. As the question involved in all these applications is common, so we are disposing of these 12 applications by this common Order. 3. There is no doubt about the fact that the Order-in-appeal was passed by the Collector of Customs (Appeals) on 29-6-1984 and communicated to the Customs House on 26-7-1984. The time-limit for filing th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ushan, Advocate for the respondents and gone through the record. 6. Shri Sunder Rajan argued that the matter involved in all these appeals is of great importance and it is in the public interest that the delay be condoned in filing these appeals. According to Shri Sunder Rajan, so many formalities are to be followed by the Department before actually filing the appeals against the order was sought to be challenged before this Hon'ble Tribunal and it is on account of these formalities that this delay has been caused which may be condoned in the public interest. He also drew our attention towards a decision of the Supreme Court in the case of State of Uttar Pradesh v. Bahadur Singh and others (reported in 1983-ECR 1556-D) in support of h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... use for extension of time. The delay should be justified and explained before it can be condoned. No doubt, in its latest judgment in the case of State of Uttar Pradesh v. Bahadur Singh & Others (supra); the Hon'ble Judges of the Supreme Court observed that a departmental authority may delay the moving of the higher court with oblique motives and the public interest may suffer if such cause is thrown out merely on the ground of some delay which is also explainable and, therefore, this aspect of the matter must enter a judicial verdict before rejecting such case on the ground of delay. But the Hon'ble Judges have also observed that the departmental authorities charged with the duty to implement the law should be vigilant and the delay should ..... X X X X Extracts X X X X X X X X Extracts X X X X
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