2009 (1) TMI 771

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....he case was handed over by them to their lawyer well in time for preparing the appeal and the stay petition and filing the same before the CESTAT within the stipulated period. However, inspite of their constant persuasion, the lawyer could not file the appeal in time due to the pressure of work. Left with no alternative, they retrieved the brief and approached a fresh lawyer to file the appeal, which resulted in the said delay. 2. I have considered the submissions of the applicants. I am convinced with the reason for the delay advanced by the applicants and condone the delay in filing the appeal. 3. The stay petitions have been filed by M/s. Nichrome India Ltd., Pune (the exporter), M/s. Sudarshan Cargo Pvt. Ltd., Mumbai (the CHA) and....

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....lly not at fault in the matter and for the lapse on the part of the Shipping Line, CHAs cannot be penalized. 6. As far as exporter is concerned, they have not participated directly in the concerned handling operations. They have no control over any movement of container inside the port or loading the same on the vessel. They took care to see that all necessary documents are handed over to the CHA for proper export of the goods. The CHA could not obtain LEO on 24th and 25th of December, 2006 as these were holidays, being Sunday and X-mas. The container was gated inside the Terminal on 23-12-2006 (Saturday). But on that day the EDI system was reportedly not working. 7. There is no evidence on record to show that the loading of the goods....