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2025 DAILYLAW 7558 (GUJ)

DEVI SALES CORPORATION v. COMMISSIONER OF CUSTOMS

CA/6067/2025 · 2025-12-23

A S Supehia, Pranav Trivedi

body2025

Judgment text

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C/CA/6067/2025 ORDER DATED: 23/12/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 6067 of 2025 In F/MISC. CIVIL APPLICATION/31681/2025 In F/SPECIAL CIVIL APPLICATION/36140/2024 ============================================= DEVI SALES CORPORATION Versus COMMISSIONER OF CUSTOMS & ANR. ============================================= Appearance: MR D K TRIVEDI(5283) for the Applicant(s) No. 1 MR PRADIP D BHATE(1523) for the Respondent(s) No. 1,2 ============================================= CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA and HONOURABLE MR. JUSTICE PRANAV TRIVEDI Date : 23/12/2025 ORAL ORDER (PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA) 1. The present application has been 1led seeking condonation of delay in 1ling the captioned application for restoration of the captioned writ petition. 2. The reasons are assigned in paragraph Nos.3 and 4 of the memo of the application. The same read as under: “3. The Applicant has led an application praying for restoration of the said writ petition. The said application was required to be led within a period of 30 days from the date of dismissal. However, there is a delay of 181 days in ling of said application. 4. The said delay has occurred on account of a reasonable cause. The said reasonable cause is that the Petitioner lives in Delhi. The Advocate of the Petitioner was not in a position to contact the Petitioner in time. The Advocate had lost the contact number of the Petitioner. However, with great di&iculties, the Advocate had found out the contact number of the Petitioner and had contacted them C/CA/6067/2025 ORDER DATED: 23/12/2025 and informed them about the dismissal of petitioner. Only, thereafter, the Advocate is instructed to get the Petitioner restored. However, in the process, there is a delay of 181 days.” 3. We are absolutely not convinced with the reasons assigned in the aforementioned paragraphs as delay is perfunctorily explained, without any speci1c details of advocate, dates etc. and appears to be an after-thought. It is pertinent to note that the captioned writ petition was dismissed for non-removal of o<ce objection(s), despite the order dated 29.01.2025 passed by this Court to remove the same on or before 24.02.2025, learned advocate Mr.Trivedi is also unable to o@er any further explanation. 4. Thus, in view of the vague and unspeci1c reasons assigned in the present application, we are not inclined to condone delay of 181 days. 5. The present application stands rejected. Sd/- (A. S. SUPEHIA, J) Sd/- (PRANAV TRIVEDI,J) MAHESH/06 Original copy of this order has been signed by the Hon'ble Judges. Digitally signed by: MAHESH OMPRAKASH BHATI(HC01086), PRIVATE SECRETARY, at High Court of Gujarat on 23/12/2025 15:00:18