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Nancy Trading Company vs. Principal Commissioner of Customs (Import), Inland Container Depot, Tughlakabad

Customs Appeal · 2026:DHC:8985-DBDecided 9 Oct 2026New Delhi Bench
CUSAA 151/2026CNR: DLHC010490102026
Justice Avneesh Jhingan · Justice Shail Jain

Background

A trader's customs appeal was filed nearly two years late, and he blamed the delay on his wife's cancer treatment and his lawyer's failure to inform him about the original customs order. The customs tribunal (CESTAT) rejected his plea to excuse the delay, after noting his own lawyer had tried repeatedly to reach him by phone with no response, while he continued running his trading business throughout.

Decision Breakdown

The High Court upheld the tribunal's findings, noting the appellant took no steps for roughly two years to check on his own case despite his lawyer's attempts to contact him, yet became active the moment the department froze his bank accounts. Citing Supreme Court precedent, the Court held that while delay can be condoned liberally for short periods, an inordinate delay needs a genuinely sufficient cause, and a litigant cannot simply blame his lawyer to escape responsibility for his own inaction. The appeal was dismissed.

Lesson Learnt

Litigants bear a personal duty to stay alert about the progress of their own legal proceedings; blaming one's lawyer alone is not enough to excuse a very long delay in filing an appeal.

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