Delay condonation in capacity determination appeal failed where no right of further representation was shown.

A 393-day delay in filing an appeal against an annual capacity of production determination was not excused because the explanation was inadequate. The applicants relied on the absence of a preamble in the impugned order and on a representation seeking redetermination of capacity, but the order did not confer any right to further representation. As the appeal had to be filed within the statutory period against the determination order, the delay was held inordinate and the appeal time-barred.

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Issues: Whether a delay of 393 days in filing the appeal against the determination of annual capacity of production should be condoned.

Analysis: The applicants sought to justify the delay on the basis that the impugned order did not contain a preamble and that they had pursued a representation for redetermination of annual capacity of production, but the order itself did not indicate any right of further representation. The appeal was required to be filed within the statutory period against the determination order, and the explanation furnished was found insufficient.

Outcome: The delay was not condoned and the appeal was held to be time-barred.

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