IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE APPELLATE APPELLATE SIDE. SIDE. SIDE. WRIT WRIT WRIT PETITION NO. 4716 PETITION NO. 4716 PETITION NO. 4716 OF OF OF 2004 . 2004 . 2004 . H.D. Baldawa. ... Petitioner. V/s. Appellate Tribunal ... Respondent. Shri G.R. Rege with S.A. Mudbidri and S.W. Kulkarni for the applicant. Shri Rajiv Chavan with U.S. Bhate for the respondent. CORAM CORAM CORAM : V.C.DAGA AND J.P. DEVADHAR, JJ. : V.C.DAGA AND J.P. DEVADHAR, JJ. : V.C.DAGA AND J.P. DEVADHAR, JJ. DATED DATED DATED : 18th August 2005. : 18th August 2005. : 18th August 2005. P.C. P.C. P.C. : : : ---- ---- ---- . Rule returnablel forthwith. Heard finally by consent of the parties. 2. This petition is directed against the order of the Customs, Excise and Service Tax Appellate Tribunal, WZB, Mumbai, dated 25.2.2004, whereby application for condonation of delay, seeking condonation of 57 days delay came to be rejected, only on the ground that the applicant was not hospitalised, when he claimed that he was ill when he had been to Jaipur. 3. It is needless to mention that for considering sufficient cause, whether or not he was hospitalised could not have been the only ground of consideration. The consideration ought to have been whether or not he was ill and that illness has prevented the petitioner from filing appeal. 4. Having heard the parties and looking to the material available on record in the backdrop of consensus between the parties, we are prima facie of the view that sufficient cause has been made out by the petitioner for condonation of delay in filing appeal though little more details would have been highly appreciated. 5. In the facts and circumstances of the case, delay is condoned subject to payment of costs in the sum of Rs. 5,000/- (five thousand only) to be deposited with the Tribunal within two weeks from the date of receipt of copy of this order by the Tribunal,for being paid to the Revenue. On deposit of the amount of costs, the appeal shall stand restored to file of the Tribunal and the Tribunal shall be free to hear the appeal in accordance with law treating the appeal within time. 6. Rule is thus made absolute in terms of this order with no order as to costs. (J.P. (J.P. (J.P. DEVADHAR,J.) DEVADHAR,J.) DEVADHAR,J.) (V.C. (V.C. (V.C. DAGA,J.) DAGA,J.) DAGA,J.)