1 wp9254-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9254 OF 2010 Bhalchandra V. Jadhav ..Petitioner. V/s. Union of India & Ors. ..Respondents. Mr. Vatsal Verma i/b. Pasi Balakram for petitioner. Mr. Pradeep S. Jetly for respondents. CORAM : J.P. DEVADHAR AND R.M. SAVANT, JJ. DATED : 8TH DECEMBER, 2010 P.C. :- 1. Heard. Rule. 2. Mr. Jetly waives service for the respondents. By consent, the petition is taken up for final hearing. 3. This petition is filed against the order of CESTAT dated 09/04/2010 whereby the Tribunal has declined to condone the delay of 13 months and 9 days in filing the appeal. The grievance of the petitioner is that the order in original which was received by the family 2 wp9254-10 members of the petitioner was misplaced and, therefore, there was delay in filing the appeal. He submits that serious prejudice would be caused to the petitioner if the delay is not condoned. In our opinion, the explanation given by the petitioner is not convincing, however, looking to the totality of circumstances, the interest of justice would be met by condoning the delay and directing the CESTAT to dispose of the appeal on merits. Accordingly, the order of the CESTAT dated 09/04/2010 is set aside. The delay is condoned. CESTAT is directed to dispose of the appeal on merits in accordance with law. 4. Rule is made absolute in aforesaid terms with no order as to costs. (R.M. SAVANT, J.) (J.P. DEVADHAR, J.)