Delhi High Court - Orders
Commissioner Of Customs, Air-Cargo ... vs M/S Sans Frontiers on 14 December, 2022
Author: Vibhu Bakhru
Bench: Vibhu Bakhru
$~28
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CUSAA 1/2022 & CM APPL. 6298/2022
COMMISSIONER OF CUSTOMS, AIR-CARGO
EXPORT, ..... Appellant
Through: Mr. Harpreet Singh, SSC with Mr.
Jatin Kumar Gaur, Adv.
versus
M/S SANS FRONTIERS ..... Respondent
Through: Mr. Raminder Kaur & Mr. Rajiv
Jaipal, Advs.
+
HON'BLE MR. JUSTICE VIBHU BAKHRU
HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR
KAURAV
ORDER
% 14.12.2022 CM APPL. 6297/2022
1. The appellant has filed the present application seeking condonation of delay in filing the appeal. The only explanation, provided in the application, reads as under: -
"2. That, the delay which has occurred in filling is due to misplacement of some of the file papers in the office which were recovered later on and the matter further got delayed due oversight and inadvertence."
2. It is apparent from the record that the order passed by the CESTAT, which is sought to be impugned, was accepted and the refund was processed. The appellant did not intend to appeal the impugned order at the Signature Not Verified Digitally Signed By:Dushyant Rawal Signing Date:16.12.2022 initial stage.
3. In the given circumstances, we find it difficult to accept any explanation as provided above. The application is also bereft of any particulars as to which file was misplaced; on which date it was misplaced; whether any action was taken against the officer responsible for misplacing the file amongst other particulars.
4. Considering that the delay is for a long period of 571 days, we consider it apposite that deponent be present in court to render a full explanation. Mr. C. S. Sharma, who has sworn the affidavit affirming the application, be present in Court on the next date of hearing along with all files and particulars.
5. List on 20.12.2022.
VIBHU BAKHRU, J PURUSHAINDRA KUMAR KAURAV, J DECEMBER 14, 2022 Ch Click here to check corrigendum, if any Signature Not Verified Digitally Signed By:Dushyant Rawal Signing Date:16.12.2022