-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3008 OF 2008 WRIT PETITION NO. 3008 OF 2008 WRIT PETITION NO. 3008 OF 2008 Tushar K. Trivedi .. Petitioner. V/s. The Union of India & Anr. .. Respondents. ---- Mr.P.M. Pradhan for the Petitioner Mr.Y.S.Bhate for Respondents. ---- CORAM : D. K. DESHMUKH & CORAM : D. K. DESHMUKH & CORAM : D. K. DESHMUKH & N.D.DESHPANDE, JJ. N.D.DESHPANDE, JJ. N.D.DESHPANDE, JJ. DATED : 29TH APRIL, 2008. DATED : 29TH APRIL, 2008. DATED : 29TH APRIL, 2008. P.C. : P.C. : P.C. :- . Rule. Rule made returnable forthwith. Heard finally by consent of the parties. 2. The petitioner by this petition challenges the order dated 18.02.2008 passed by the Customs, Excise & Service Tax Appellate Tribunal, West Zonal Bench at Mumbai. By that order the tribunal has declined to condone the delay in filing the appeal. 3. We have heard the learned counsel for both the sides. The grievance of the petitioner is that the tribunal has not given any reason for declining to condone delay in filing the appeal despite the fact that sufficient cause has been shown for condonation of delay. -: 2 :- The learned counsel appearing for the respondent is unable to point out us the reasons given in the order impugned in the petition for holding that the petitioner has not been able to show sufficient cause. We find that in the order conclusion is recorded that the petitioner has not given satisfactory reason for the delay in filing the appeal but no reason is given why the tribunal does not find the reason given in the application for the delay satisfactory. In our opinion, therefore, the order dated 18.02. 2008 will have to be set aside. In our opinion, the following order would meet the ends of justice. 4. Order dated 18.02.2008 impugned in the petition is set aside. Application filed for condonation of delay is remanded back to the Tribunal for fresh hearing and decision in accordance with law. The Tribunal is requested to hear the application and decide it as expeditiously as possible and in any case within two months from the date of receipt of the writ of this order. 5. Rule is made absolute accordingly with no order as to costs. Petition is disposed of. (D.K. DESHMUKH,J.) -: 3 :- (N.D.DESHPANDE,J.)