K. Gopal Hegde, Member (J)

1. The prayer in this application is for condonation of delay in filing the appeal CD (Bom.) 315 of 1985. It is averred in the application that the order in original against which the applicant preferred the appeal is dated 18-1-1984 but he had received the copy of the order only on 22-2-1985 and that within a period of three months from that date he had filed the appeal, viz. on 21-5-85. It was further stated in the application that the applicant was not directed to take delivery of the order-in-original any time earlier to 22-2-85 nor was he supplied with the copy of the said order earlier to that date. The applicant had contended that it was on his request made on 31-12-84, a copy was given to him on 22-2-1985.

2. During the hearing of this application, Shri Shah, the applicant's learned Advocate referred to the above averments and also referred to the provisions of Section 131-A of the Customs Act, 1962.

3. Shri Pattekar for the respondent Collector submitted that inspite of his best efforts he could not get any information from the Collector of Customs, as to the date on which the order was communicated to the applicant. He, however, stated that th