((-1-)) HVN IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CUSTOMS APPEAL NO. 33 OF 2007 The Commissioner of Customs (Import).. Appellant Versus M/s. Pranav Agro Industries Ltd. .. Respondents Mr. P.S. Jetly with Mr. S.D. Bhosale and Ms. L.B. Patne for the Appellant. Ms. Shilpa Pradhan for Respondents. CORAM: F.I. CORAM: F.I. CORAM: F.I. REBELLO REBELLO REBELLO & J.P. DEVADHAR, JJ. J.P. DEVADHAR, JJ. J.P. DEVADHAR, JJ. DATED: SEPTEMBER 06, 2007 DATED: SEPTEMBER 06, 2007 DATED: SEPTEMBER 06, 2007 P.C.: P.C.: P.C.: . Admit. . This appeal is preferred against the order of CESTAT dated 28.3.2005 whereby the application for condonation of delay of 21 days has been rejected. . The law is now settled and requires no repetition that in matters of condonation of delay though the appellant cannot be treated on a different footing than the private party, none the less, as set out by the Supreme Court in State of Nagaland Vs. Lipok A.O. 2005 (183) E.L.T. 337 (SC) some leeway has to be granted to public authorities. Considering the above, in our opinion, the impugned order is set ((-2-)) aside. Delay is condoned. The appellate authority is directed to hear the appeal on merits. Appeal accordingly disposed of. (J.P. DEVADHAR, J.) (J.P. DEVADHAR, J.) (J.P. DEVADHAR, J.) (F.I.REBELLO, J.) (F.I.REBELLO, J.) (F.I.REBELLO, J.)