Sabyasachi Mukharji, J. - (1.) In these matters, the question that arises for consideration is, whether a learned single Judge sitting in Chambers is competent to dismiss application for condonation of delay in statutory appeals under O. XX-A of the Supreme Court Rules, 1966, regarding appeal under S. 55 of the Monopolies and Restrictive Trade Practices Act, 1969 as well as under O. XX-B regarding appeals under S. 130E of the Customs Act, 1962 and S. 35L of the Central Excises and Salt Act, 1944. It appears that an application for condonation of delay came before a learned single Judge and in the circumstances mentioned in the Review Petition No. 557 of 1987, the application was dismissed by the learned single Judge. That application was dismissed by one of us on 11-11-86. That order was passed by learned single Judge under O. VI, R. 2(14) of the Supreme Court Rules, 1966. The application had been filed for the condonation of delay along with the Statutory Appeal against the Judgment / Order of the Customs, Excises and Gold Control Appellate Tribunal. The revenue being the Collector of Central Excise, 'Madras in this case filed a review petition on the around that the application for condonation of delay made in Statutory Appeals arising out of final orders of the Tribunal under several Acts should be heard by a bench of at least two Judges. The matter was posted before this bench for consideration whether the learned single Judge had jurisdiction to dismiss such application for condonation of delay or not.
(2.) In order to decide this question, it is necessary to have a conspectus of the relevant rules. In the Supreme Court Rules, 1966 (hereinafter referred to as 'the Rules'), as amended in 1983, under O. XX-B, of the said rules, provision has been made for appeals under Cl. (b) of S. 130E of the Customs Act, 1962 and under S. 35L of the Central Excises and Salt Act, 1944. According to R. 1 thereof, the petition of appeal shall, subject to the provisions of Ss. 4. 5 and 12 of the Limitation Act, 1963 be presented within 60 days from the date of the order sought to be appealed against or within 60 days from the date on which the order sought to be appealed against is communicated to the Appellant, whichever is later. The time required for obtaining a copy of the order should be excluded. There is, however, no provision providing for limitation in the concerned Statutes.
(3.) According to R. 2 of O.XX-B.Rr. 1 to 7 of O. XX-A of the Rules relating to appeals under S. 51 of the Monopolies and Restrictive Trade Practices Act, 1969 shall with necessary modifications and adaptations, apply to appeals under that Order. R. 3 of O. XX-A provides as under: "After the appeal is registered, it shall be put up for hearing ex parte before the Court which may either dismiss it summarily or direct issue of notice to all necessary parties, or may make such orders as the circumstances of the case may require".;