UNION OF INDIA Vs. ASHOK KUMAR SABOO

JUDGEMENT

(1.) This is an application for condonation of delay in filing the present appeal by applying the provisions under Section 5 of the Limitation Act. The appeal has been preferred against an order dated 10.1.2005 passed by the Railway Claims Tribunal, Bhubaneswar Bench, Bhubaneswar. Admittedly, there is a delay of 70 days in filing the appeal. The appeal has been preferred under Section 23 of the Railway Claims Tribunal Act, 1987 (hereinafter referred to as 'the Act'). Section 23 of the Act provides as follows:

(2.) An objection has been filed by the respondent to this misc. case petition wherein the explanation given for the delay by the appellant has been refuted inasmuch as it has been stated that Section 5 of the Limitation Act has no application to an appeal under Section 23 of the Act. It would be opt to refer to Section 17 of the Act which prescribes the power with the Claims Tribunal to condone the delay under Sub-section (2) thereof. Section 17 of the Act reads as follows:

(3.) Learned counsel for the respondent-opposite party in this misc. case petition relying upon the decision in the case of Commissioner of Customs and Central Excise v. Hongo India Private Limited and another, 2009 5 SCC 791 submitted that in the said case, the Hon'ble Supreme Court while deciding a case under Section 35H(1) of the Central Excise Act, 1944 observed that as per the scheme of the Central Excise Act, Section 5 of the Limitation Act for condonation of delay in filing an application under Section 35H of the Act does not apply.