WAZIR CHAND & SONS Vs. COLLECTOR OF CUSTOMS

JUDGEMENT

(1.) By this writ petition the order dated 23-7-1993 passed by the CEGAT is challenged. The order was communicated to the petitioner by the Registrar, CEGAT on 3-8-1993. By the said order the CEGAT dismissed the application for condonation of delay under Section 5 of the Limitation Act for filing the appeal.

(2.) Learned counsel for the petitioner pointed out that the advocate, who appeared in this case, Shri Manoj Arora had filed an affidavit on 24-12-1992 indicating that he drafted the appeal in November, 1991 and had also obtained a bank draft of Rs. 200/- as fee bearing No. 428575 dated 2-11-1991 from the Canara Bank, Hauz Khas Market, New Delhi and that thereafter he had handed over appeal memorandum to the peon for filing the same but the said peon did not file the same. Subsequently, the advocate went to verify the same as notice was not received and then found that the appeal papers were not available in the Registry of the Tribunal. He came to know about these facts and then filed the appeal on 29-12-1992. There was a delay in filing the appeal.

(3.) The CEGAT refused to condone the delay in filing the appeal and rejected the application for condonation as well as the appeal. The facts mentioned in the affidavit of Shri Manoj Arora, Advocate, have been set out. We also find that after the advocate came to know about the fact that the peon had not filed the appeal of memorandum in the CEGAT, he immediately took action and got the appeal filed on 29-12-1992. The grounds set out in the affidavit of Shri Manoj Arora have been set out in para 4 of the order of the CEGAT, which reads as under :-