Lakshminarayan Ramniwas vs Collector of Customs, Calcutta

Leave granted.

The appeal preferred by appellant herein had been dismissed by the High Court on the ground that although the same was barred by 21 days only, an application for condonation of delay under Section 5 of the Limitation Act, 1963 had not been filed. The Division Bench has pointed out that the application for condonation of delay was filed only in the year 2002.

Our attention has, however, been drawn to Paragraph 8 of the application filed by appellant before the High Court; from a bare perusal whereof it appears that an application for condonation of delay had in fact been filed but the same was allegedly misplaced. In this view of the matter, although, ordinarily we would not have interfered with the impugned order, we are of the opinion, in the interest of justice, the explanation furnished by appellant may be accepted, and delay be condoned in filing the appeal before the High Court. However, the appellant should be put on terms.

Learned Additional Solicitor very fairly states that he would have no objection if the amount of costs which may be directed to be paid by this Court be paid to the National Legal Services Authority.

We, therefore, allow this appeal subject to the condition that appellant shall deposit a sum of Rs. 20,000/- before the Member Secretary, National Legal Services Authority within two weeks.

We would request the High Court to consider the desirability of disposing of the appeal as expeditiously as possible and preferably within a period of three months from the date of receipt of copy of this order.

The appeal is allowed subject to the afore stated condition.