Dipali Electronics v. The Commissioner Of Customs

30. CUAPPST 34-19.doc DDR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 1 OF 2019 IN CUSTOM APPEAL (ST.) NO. 34 OF 2019 Dipali Electronics Pvt. Ltd.

..Applicant

IN THE MATTER BETWEEN

Dipali Electronics Pvt. Ltd.

..Appellant vs.

The Commissioner of Customs, Mumbai ..Respondent ...........

Mr. Mahesh Raichandani a/w. Ms. Ankita Vashistha i/b. UBR Legal Advocates for the Applicant/org. Appellant. Mr. P.S. Jetly, Senior Advocate a/w. Mr. J.B. Mishra for the respondent.

...........

CORAM : NITIN JAMDAR & M.S.KARNIK, JJ.

DATE : 14 FEBRUARY 2020 P.C.:- Heard learned counsel for the parties.

2.

Leave is granted to amend the prayer clause to correct the phraseology used. Amendment to be carried out forthwith. Reverification is dispensed with. 1/2

30. CUAPPST 34-19.doc 3.

The impugned order in this Appeal was passed on 14 December 2017. Application for rectification was filed on 21 June 2018. The Tribunal rejected the application by order dated 16 October 2018 which was received by the Applicant on 24 July 2019 and thereafter, on 4 October 2019 the present Appeal is filed. Learned counsel for the Applicant states that it is in these circumstances the delay is occurred. Having considered the explanation given in the application, we are of the opinion that the delay in filing Appeal needs to be condoned. Accordingly, the application is allowed. Delay in filing the Appeal stands condoned. (M.S.KARNIK, J.) (NITIN JAMDAR, J.) Digitally signed by Diksha Rane Date:

2020.02.20 12:42:34 +0530 Diksha Rane 2/2