1. Appeal filed with significant delay — Application for condonation of delay lacking explanation for a specific period. (Para 1 )
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1999 Supreme(SC) 1598
SUPREME COURT OF INDIA
A.S. Anand, CJI., M. Srinivasan, N. Santosh Hegde, JJ.
Commissioner of Central Excise, Mumbai-II - Appellant
Versus
Time Pharma - Respondent
Civil Appeal No. 3562 of 1998 (From the order dated 21-1-1997 of CEGAT (Mumbai) in Time Pharma v. CCE, (1998) 99 ELT 643 (Tribunal).
Decided On : 22-2-1999
An application for condonation of delay in filing an appeal will be rejected if the applicant fails to provide a satisfactory or reasonable explanation for the period of delay.
Headnote:(A) Condonation of Delay - Filing of appeal - Delay of 360 days - Absence of explanation for the period of delay - Application for condonation of delay cannot be accepted in the absence of a satisfactory or reasonable explanation. (Paras 1, 2)
Facts of the case:
An appeal was filed with an inordinate delay of 360 days. The application seeking condonation of delay and the accompanying affidavit were silent regarding the explanation for the delay that occurred between 18-5-1997 and 5-6-1998.
Findings of Court:
The application seeking condonation of delay is rejected as there was no satisfactory or reasonable explanation provided for the delay.
Issues: Whether the delay in filing the appeal could be condoned in the absence of any explanation for a significant portion of the delay period.
Ratio Decidendi: In the absence of a satisfactory or reasonable explanation for the delay, an application seeking condonation of delay cannot be accepted.
Result: Appeal dismissed as barred by time.
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2. Absence of a satisfactory or reasonable explanation for delay precludes the acceptance of an application for condonation of delay. (Para 2 )
3. Condonation of delay cannot be granted in the absence of a satisfactory or reasonable explanation for the period of delay. (Para 2 )
4. Application for condonation of delay rejected — Appeal dismissed as barred by time. (Para 3 )
5. What is the requirement for granting condonation of delay in filing an appeal?
The court requires a satisfactory or reasonable explanation for the period of delay; without such an explanation, the application for condonation of delay cannot be accepted. (Para 2 )
ORDER :
Dr.A.S.ANAND, CJI. and M. Srinivasan and N. Santosh Hegde, JJ. - There is an inordinate delay of 360 days in filing this appeal. In the application seeking condonation of delay, there is no explanation, whatsoever, of delay which occurred after 18-5-1997 till 5-6-1998, when the appeal was filed. The affidavit is singularly silent in that regard.
2. In the absence of any explanation, much less a satisfactory or reasonable explanation, it is not possible to accept the application seeking condonation of delay.
3. The application seeking condonation of delay is rejected. Consequently, this appeal shall stand dismissed as barred by time.
