Allahabad High Court
The Royal Bank Of Scotland N.V. ... vs The Commissioner Of Of Customs And ... on 6 July, 2012
Bench: Ashok Bhushan, Prakash Krishna
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 32 Case :- CENTRAL EXCISE APPEAL DEFECTIVE No. - 42 of 2012 Petitioner :- The Royal Bank Of Scotland N.V. (Formerly Abn Amro Bank N.V) Respondent :- The Commissioner Of Of Customs And Central Excise Petitioner Counsel :- Nishant Mishra Respondent Counsel :- Amit Mahajan Hon'ble Ashok Bhushan,J.
Hon'ble Prakash Krishna,J.
Ref: Civil Misc. (Delay Condonation) Application No. 134021 of 2012.
Heard the learned counsel for the appellant and Sri Amit Mahajan, learned counsel for the respondent.
This is an application praying for condonationof 49 days delay in filing the appeal. Ground taken in affidavit is that after service of the impugned order, an appeal was filed in Delhi High Court on 2nd September, 2011. Although the appeal was entertained but by the subsequent order dated 28th March, 2012, Delhi High Court took view that the appeal be returned to be presented before the High Court having jurisdiction. This appeal was filed in this Court on 26th April, 2012. In para-5 of the application, the order dated 28th March, 2012 of Delhi High Court has been quoted.
There are sufficient grounds disclosed in the affidavit for condonation of 49 days delay in filing the appeal.
The delay condonation application is allowed accordingly.
As prayed by learned counsel for the appellant, list on 16th July, 2012 for admission.
(Prakash Krishna,J) (Ashok Bhushan,J)
Order Date :- 6.7.2012
MK/