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2002 Supreme(SC) 1096

Supreme Court Of India
BEFORE N. SANTOSH HEGDEAND B.P. SINGH, JJ.
COMMISSIONER OF CUSTOMS ..Appellant;
Versus
RANGI INTERNATIONAL Respondent.

Satisfactory explanation for delay is required for condonation of delay in filing an appeal.

Headnote:

Condonation of Delay - Civil Appeal - The court revoked the leave granted for condonation of delay and dismissed the special leave petition as barred by limitation.

Fact of the Case:

The civil appeal arose from a special leave petition filed after a delay of 246 days. The court initially condoned the delay ex parte and granted leave, but later called upon the appellant to file an additional affidavit explaining the delay.

Finding of the Court:

The court found that the appellant did not satisfactorily explain the delay in preferring the appeal, and therefore, revoked the leave granted and dismissed the special leave petition as barred by limitation.

Issues: Condonation of delay, Satisfaction of explanation for delay, Barred by limitation

Ratio Decidendi: The court considered the reasons given for condonation of delay and found them unsatisfactory, leading to the revocation of the leave granted and the dismissal of the special leave petition as barred by limitation.

Final Decision: The court revoked the leave granted for condonation of delay and dismissed the special leave petition as barred by limitation.

ORDER

1. The SLP from which this civil appeal arises was filed after a delay of 246 days. When the matter came up for preliminary hearing, without noticing the provisions of the Supreme Court Rules in regard to the condonation of delay, this Court on 12-7-2000 condoned the delay ex parte and granted leave. On 2-4-2002 when the respondent appeared before the Court, a preliminary objection was raised that condonation of delay is contrary to the Supreme Court Rules. Therefore, this Court called upon the appellant to file an additional affidavit in support of the application for condonation of delay. The appellant has thereafter filed the additional affidavit on 1-5-2002 explaining the delay. For this application the respondent has filed counter pointing out that explanation given by the appellant even in the additional affidavit does not explain the delay satisfactorily nor has the appellant been diligent in filing the appeal.

2. We have today heard learned counsel for the appellant as well as for the respondent and having considered the reasons given for condonation of delay in the original affidavit as well as in the additional affidavit filed by the appellant, we are not satisfied that the appellant has satisfactorily explained the delay in preferring this appeal. Therefore, accepting the contention of the respondent we revoke the leave granted on 12-7-2000. Consequently, this special leave petition is dismissed as barred by limitation.

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