1 MSS IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 208 OF 2009 M/s. SHALIMAR WIRE INDUSTRIES .. PETITIONER Vs. THE UNION OF INDIA & ORS. .. RESPONDENTS Mr. Madhur R. Baya for the petitioner Mr. Suresh Kumar for the respondents CORAM:SMT.RANJANA DESAI & J. P. DEVADHAR, JJ. DATE: 20/3/2009 P.C. . The petitioner has challenged order dated 9/6/08 passed by the Customs, Excise Service Tax Appellate Tribunal ("Tribunal" for short) whereby the application for condonation of delay in filing the appeal was dismissed by the Tribunal. There is about 418 days delay in filing the appeal. 2. We find that the Tribunal has merely relied on order passed in other bunch of appeals in Appeal No. C/253 & 254/08. In our opinion, the Tribunal ought to have passed speaking order in the light of 2 the facts of the present case. Hence in our opinion, the impugned order should be set aside and the matter should be remanded to the Tribunal for denovo consideration in accordance with law. Hence the following order. . Impugned order dated 9/6/08 is set aside. The matter is remanded to the Tribunal for denovo consideration of the application for condonation of delay in accordance with law. . Petition is disposed of. JUDGE JUDGE