1998 (11) TMI 138

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....iorarified Mandamus to call for the records of the first respondent in Order No. 403/92, dated 17-8-1992, in Appeal No. C/813/91/MAS and quash the same, and to direct the first respondent to condone the delay of 267 days in shipment of the unaccompanied baggage of the petitioner which arrived from Saudi Arabia on 13-8-1991 and release the goods. 3.The petitioner claims that he left for Saudi Ar....

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....ved India on 15-10-1990 itself, but his unaccompanied baggage was shifted only on 8-8-1991, namely after a delay of 267 days, and further found that the explanation offered by the petitioner was not satisfactory for the said delay, and therefore, held that the petitioner, having failed to take adequate steps within the permissible time, refused to grant transfer of residence concession and clearan....

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....d to transfer and shift unaccompanied baggages, which reached India on 8-8-1991. In the light of the above undisputed fact, the petitioner cannot be expected to place any other facts or reasons seeking condonation of delay of 267 days. 5.The apart, Mr. Mohammed Rafiq, learned Counsel for the petitioner, also invited my attention that, in similar cases, the respondents themselves, in their proce....

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....ong gap of time for the petitioner in seeking the transfer of residence concession. 7.I have given a careful consideration to the submissions of both sides. 8.In my considered opinion, the fact that the petitioner reached India on 15-10-1990 due to the war at Saudi Arabia, cannot be disputed, in which event, the only cause open for the petitioner is to entrust the matter to his friend or any....