LAWS(KAR)-2015-4-448

BAYIR CHEMICALS Vs. ADDITIONAL COMMR. OF CUS., BANGALORE

Decided On April 22, 2015
Bayir Chemicals Appellant
V/S
Additional Commr. Of Cus., Bangalore Respondents

JUDGEMENT

(1.) It may be noted that on 19-3-2015, the learned counsel for the appellant was granted two weeks to file better affidavit in support of the application for condonation of delay. Then, on 16-4-2015, again time was sought for and granted to comply the order dated 19-3-2015. Till date, no affidavit has been filed nor the learned counsel for the appellant is present even in the revised call. We have perused the records. The application (LA. No. 2/14) has been filed for condoning the delay of 661 days in filing the appeal. The affidavit in support of the application for condonation of delay has been filed by the counsel and not by the appellant himself. The only explanation given by the counsel in his affidavit is in paragraph-2, which is reproduced below:

(2.) This cannot be said to be a proper explanation for delay of 661 days specially when it is not coming forth from the appellant but such explanation has been given by the counsel. In fact, no details as to when the Proprietor of the appellant-Company had travelled outside India and as to when the wedding of his daughter had been conducted. It is a very vague explanation given by the counsel and we are not satisfied with the reason for the delay in filing this appeal. The application for condonation of delay is accordingly, rejected. Consequently, the appeal stands dismissed.