1995 (11) TMI 380

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....93, passed by the Competent Authority, Bombay, under section 7 of the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976, whereby a group of properties were ordered to be forfeited, some of which are held in the name of the present appellant either individually or jointly with some other family member. The appeal was received in the Registry on May 9, 1995. The appel....

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....he copy of the order was not endorsed to him, and he procured the same only through his lawyer on or about March 6, 1995, and that after receiving the same he instructed his cousin to file an appeal against the said order through his advocate, but since the said advocate was busy preparing for the trial of the appellant, the appeal could not be filed in time. He adds that another advocate of the a....

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....e period of 45 days, but not after 60 days, from the date of service of the order, "if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time". (emphasis supplied). A plain reading of the above provision shows, beyond any shadow of doubt, that the power which this Tribunal has under the statute for condonation of delay is only that of 15 days, after ....

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....n the application for condonation of delay, nor any affidavit or any other material in support thereof which is essentially a question of fact, and this submission is being made for the first time today during hearing in court ; otherwise also in view of the fact that the statute does not vest any power in this Tribunal to condone any delay, even on sufficient cause being shown, after the expiry o....