WE HELP Vs. COMMR. OF C. EX., MANGALORE

JUDGEMENT

(1.) THE matter was listed for hearing on 12 -7 -2006, but the appellant has not appeared to argue the matter. He has been issued notices time and again and the matter has been adjourned today as a last chance. In this case more than 14 adjournments had been granted by issue of notice of hearing. Despite several notices, the appellant has not appeared to argue the matter. Therefore, the matter is taken up for the disposal.

(2.) THE learned DR points out that there is a delay of 48 days in filing the appeal. He submits that the appellant has not given sufficient grounds to condone the delay. In the COD application, the appellant has stated that he was suffering from low back ache which is not a ground to condone the delay. Therefore he prays for rejecting the COD application and for dismissing the stay applications and the appeals.

(3.) WE have carefully considered the matter. We find that the reason for seeking condonation of delay is that the appellant was suffering from low back ache. This cannot be considered as a sufficient ground to condone the delay. The appellant could have filed the appeal in time by engaging a legal Counsel. As there is no merit in the COD application, the same is rejected. Consequently, the stay applications and the appeals are dismissed as barred by time. (Pronounced and dictated in the open court)