Granting of Condonation for 603-Day Appeal Delay Due to Unintentional Circumstances The Tribunal granted condonation of a 603-day delay in filing the appeal, emphasizing the delay was unintentional and due to circumstances beyond the ...
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Granting of Condonation for 603-Day Appeal Delay Due to Unintentional Circumstances
The Tribunal granted condonation of a 603-day delay in filing the appeal, emphasizing the delay was unintentional and due to circumstances beyond the applicant's control. The Tribunal found the delay was not due to negligence or lack of good faith on the applicant's part, as the applicant was unreachable when the Order was communicated, leading to the delay in filing the appeal. The Tribunal, in the interest of justice, decided to allow the application for condonation of delay.
Issues: Delay in filing the appeal before the Forum.
Analysis: The application sought condonation of a 603-day delay in filing the appeal. The advocate for the applicant explained that the applicant, who was the owner-cum-driver of the confiscated vehicle, was away from Indore in search of livelihood when the Order was communicated. The advocate attempted to inform the applicant in April 2012 via registered post, but as the applicant was unreachable, the communication was returned undelivered. The applicant only received the Adjudication Order in November 2013, leading to the appeal being filed on 16-12-2013. It was emphasized that the delay was unintentional and bona fide due to the applicant's illiteracy and lack of knowledge in legal matters.
The Revenue's representative raised concerns about the lack of specific details to verify the applicant's absence from Indore during the relevant period. After hearing both sides and examining the records, it was established that the advocate appointed by the applicant had received the Order on 22-1-2012 and attempted to communicate it on 3-4-2012. However, due to the applicant's absence, the communication was returned, making it impossible for the advocate to reach the applicant for filing the appeal. The Tribunal, after reviewing the application and affidavits, concluded that the delay was not due to negligence or lack of good faith on the applicant's part but was a result of circumstances beyond his control. Therefore, in the interest of justice, the Tribunal decided to condone the delay and allowed the application.
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