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2003 Supreme(SC) 1086
2011 (3) SCC 580
IN THE SUPREME COURT OF INDIA
S.N. VARIAVA AND H.K. SEMA, JJ.
COMMISSIONER OF CENTRAL EXCISE AND CUSTOMS - Appellant
Versus
MANOHAR BROS. (CAPACITORS) - Respondent.
Civil Appeal No. D3416 of 1997
Decided on : November 3, 2003
IMPORTANT POINT
Inordinate delay must be properly explained.
Headnote:Limitation Act, 1963 – Section 5 – Inordinate delay of 310 days in filing appeal – Further very large inordinate delay of 2401 days in refilling the appeal – No proper explanation offered – Appeal dismissed – Question of law left open. (Para 1, 2)
Facts of the case;
This is case of condonation of inordinate delay in filing appeal.
Finding of the Court:
Such large inordinate delays, that too without proper explanation, cannot be condoned.
Result:
Appeal dismissed.
ORDER
1. There is no proper explanation for the inordinate delay of 310 days in filing the appeal and thereafter the very large inordinate delay of 2401 days in refiling the appeal. Application for condonation of delay is dismissed. Accordingly the appeal stands dismissed.
2. However, the question of law is left open.
