Indian Telephone Industries Ltd. vs Customs Excise And Gold (Control) ...
1987 Latest Caselaw 7 Del

JUDGMENT

Yogeshwar Dayal, C.J.

1. This petition is at the show cause stage but with the consent of learned counsel for the parties, we are disposing of it.

2. This writ petition is directed against the order of the learned Cumtoms, Excise & Gold (Control) Appellate Tribunal, New Delhi, dated 17th February, 1987. The petitioner, M/s. Indian Telephone Industries Ltd., Madras had filed appeals before the aforesaid Tribunal against the order of the Collector, Customs, Madras, dated 17th April, 2986. There were about 98 orders dealing with 98 consignments which were dealt with by the Collector by a consolidated order. The order was dated 17th April, 1986 but was received by the petitioner on 28th May,1986 and, therefore, the appeal could be filed by 28th August, 1986. The appeals were, however, dispatched from Madras on 6th October, 1986 and were received in the Registry of Tribunal on 8th October, 1986. There was thus delay of 40 years in filing the appeal. It may be mentioned that originally one appeal was filed but the court fee required for 98 appeals had been filed and in view of the objection of the registry other appeals were filed on or about 24th December,1986.

3. Petitioner had given explanation in para-2 of its application for condensation of delay. Applicant had pointed out that it is a public sector Undertaking and had to take advice from its Administrative Ministry of Communication for deciding the matter. For this purpose Chairman of the applicant-Company wrote to the Department of Telecommunication on 3rd July, 1986 and since no reply was received, a reminder dated 16th July, 1986 was sent to the Department of Telecommunication. The Ministry of Communication vide their letter dated 28th August, 1986 which was received by the petitioner on 5th September, 1986 conveyed its approval to the petitioner for contesting the matter and it was also pointed out in the communication of Ministry of Communication that the issue in question should be discussed with other public sector Undertakings, and if possible in the application should co-orinate again with them. It is also mentioned in the application for condoning the delay that in the meanwhile Shri D. Subramaniam, the Chief Regional Manager, Madras, was transferred to Delhi vide Circular dated 23rd August, 1986 and Shri K. S. Krishnamurthy got additional charge of looking after the work of the Chief Regional Manager, Madras also. This involved various administrative functions also such as sales, servicing, looking after the twelve subordinate offices situated in the States of Andhra Pradesh, Tamil ?Nadu and Kerala. It was also pointed out that his work also included arrangements and preparations for 2nd Parliamentary Committee of Member of Parliament on implementation of the `Official Language' between 8.9.86 and 10.9.86 . It is also pointed out that on 13th September, 1986 Sh. K. S. Krishmurthy tool over additional charge as Chief Regional Manager, Madras. The various difficulties which we had to face are mentioned in paras (e) and (f) of para 5 of the affidavit filed in appeal. These facts are not disputed. But the fact remains that these facts explain the delay in filing the appeal after the expiry of period of;omotation. In view of decision of Hon'ble the Supreme Court in the case of Collector, Land Acquisition Anantnag and another v. Mst. Katiji and others, , we find that there was sufficient cause for condensation of delay in filing the appeals. The impugned order is accordingly quashed and the appeals are remanded back to the Tribunal for its decision in accordance with law.

4. CW No. 2001/87 stands disposed of. There is no order as to costs of the present proceedings.