TMI Blog2019 (8) TMI 160X X X X Extracts X X X X X X X X Extracts X X X X ..... d be adopted to an application for condonation of delay it is not essential that every delay including those in which the drafting has been done in a haphazard manner and with nary a care to detail or explanation pertaining to the delay with dates thereof be condoned. Since the Petitioner has not explained the delay after 14.08.2015 which extended to more than one year, we are in agreement with the findings of the Learned Commissioner and that no error arises in the consequent order of rejection of the said Authority. Petition dismissed. - W.P.(C) No.19/2018 - - - Dated:- 18-7-2019 - Mr. Justice Vijai Kumar Bist, CJ. And Mrs. Justice Meenakshi Madan Rai, J. For the Petitioner (s) : Mr. Sourav Sen and Ms. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2. 08.06.2015 22.06.2015 The Advocate was out of station to attend the case of another client. 15 3. 23.06.2015 27.06.2015 The Advocate after getting the order requested the papers from the dealer for the preparation of the draft that was received by the Advocate on 27.06.2015. 05 4. 28.06.2015 30.06.2015 The Advocate after making the draft sent to petitioner for approval. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Actual delay liable to be condoned 24 3. In the said application, no efforts were made by the Petitioner to explain the delay from 15.08.2015 till 07.10.2016, the date when the Appeal was filed before the Commissioner, Customs, Central Excise and Service Tax. The Learned Commissioner dealt with the condonation of delay application in the following manner. 6. In condonation application the reasons assigned for delay are flimsy wherein it has been stated that there has been a delay in submission of appeal against order dated 31.05.2015 by 24 days because the appellant sent the said O-I-O to their advocate who was ou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... application for condonation of delay it is not essential that every delay including those in which the drafting has been done in a haphazard manner and with nary a care to detail or explanation pertaining to the delay with dates thereof be condoned. 8. In Esha Bhattacharjee vs. Managing Committee of Raghunathpur Nafar Academy and Others : (2013) 12 SCC 649, it was held inter alia that an application for condonation of delay should be drafted with careful concern and not in a haphazard manner harbouring the notion that the courts are required to condone delay on the bedrock of the principle that adjudication of a lis on merits is seminal to justice dispensation system. 9. In our view, since the Petitioner ha ..... X X X X Extracts X X X X X X X X Extracts X X X X
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