1 WP 6867/09 lgc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6867 OF 2009 Rajendra Deoraj Mehta : Petitioner versus Special Director, Office of Special Directorate of Enforcement and anr. : Respondents. Mr. T D Deshmukh for the Petitioner. Mr. A S Rao for the Respondents. CORAM :- V.C.DAGA & R M SAVANT, JJ DATE :- 21st October ,2010 P.C. Perused Petition. Heard the learned counsel for the Petitioner Mr.Deshmukh and learned counsel for the Respondents Mr.Rao. 2 Rule, returnable forthwith. By consent of the parties taken up for final hearing and heard finally. 3 The Short question involved in this Petition is, as to whether the lower Appellate Tribunal was justified in refusing to condone the delay. 4 The learned counsel for the Petitioner relying on the judgment of this Court reported in 2006(5) BCR 12 in the case of Premier Ltd and ors v/s. Union of India and ors contends that the appeal filed under the provisions of FEMA was very much maintainable and that the Appellate Tribunal had power to condone the delay, which was well within permissible limit. He also placed reliance on the judgment of 1 WP 6867/09 this Court in the case of Lalit D Sheth v Union of India, reported in 2010 (253) ELT 753 (Bom). 5 Mr.Rao, the learned counsel appearing for the Respondents, tried to contend that Lower Appellate Tribunal has no jurisdiction to condone the delay. However, he could not take his submission to the logical ends. 6 We have heard the learned counsel for both the parties. 7 Considering both the judgments of this Court, we are of the considered view that the Lower Appellate Tribunal had power to condone delay and the Petitioner had shown sufficient cause for condoning the delay. In that view of the matter, the delay is condoned. 8 Since we are satisfied that sufficient cause having been shown by the Petitioner to condone the delay, we condone the delay in filing Appeal and restore the appeal to the file of the Lower Appellate Tribunal with direction to the Lower Appellate Tribunal to decide the same on its own merits by reasoned order in accordance with following principles of natural justice with expeditious despatch at any rate within a period of six months from the receipt of this order. All rival contentions are kept open. 9 Rule is made absolute in the above terms. Writ Petition is accordingly disposed of. No order as to costs. (R.M.SAVANT,J.) (V.C.DAGA,J.)