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Anneel Saraogi vs The Assistant Commissioner Of Custom on 14 December, 2023 cites

National Spot Exchange Limited vs Anil Kohli Resolution Professional For ... on 14 September, 2021

7. In the present case, the appeal has been filed on the last date i.e. 15th day i.e. 45th day. The reason given in para 3 of the application for condonation of delay appears to be a halfhearted attempt on the part of the Appellant for condonation the delay of 15 days because it is mentioned therein that the appellant took time for procuring relevant documents and as such the counsel for the Appellant could not receive instructions on time. However, in the additional affidavit, the Appellant has mentioned that it had to obtain several documents which could not be procured in time. However, 12 it is not denied that the appeal was filed on 17.04.2023 and then an application was filed on 08.11.2023 for placing on record the additional documents. Thus, the question would arise if the documents can be filed as additional evidence through an application, then why the appeal could not be filed within the prescribed time. It has been held by the Hon'ble Supreme Court that the sufficient cause should be an explanation and not an excuse whereas in the present case, the explanation given in the additional affidavit is only an excuse otherwise period of 30 days is provided to all for challenging the order of the Adjudicating Authority and only a window of 15 days is kept open for filing the appeal alongwith an application for condonation of delay but the explanation has to be a sufficient cause that too to the satisfaction of the Appellate Authority, which in our considered opinion is miserably missing in the present case and therefore, we could not persuade ourselves to condone the delay of 15 days for filing the appeal. Even otherwise, the Hon'ble Supreme Court in the case of National Spot Exchange Limited Vs. Anil Kohli, Civil Appeal No. 6187 of 2019 held that the delay beyond the period of 15 days cannot be condoned by the Tribunal and even under Article 142 of the Constitution of India which makes the provision very stringent and lays responsibility on the Appellant to be vigilant enough to file the appeal within the prescribed period. In view of the aforesaid facts and circumstances, we do not find any merit in the application and the same is hereby dismissed.
Supreme Court of India Cites 37 - Cited by 24 - M R Shah - Full Document
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