2007 (1) TMI 310 - SCH - Central Excise

Delay in appeal - Held that - It is stated that the appeal was intended to be filed against the order dated 20th April, 2004, which is evident from a communication sent by the Central Agency on 1st December, 2006 but, inadvertantly, the approved draft civil appeal petition against the order dated 16th April, 2004, was annexed. The Department and the officer ought to have been careful. He ought to have known that the appeal had already been filed against order dated 16th April, 2004. Be that as it may, we permit this appeal to be withdrawn

Summary

The Supreme Court of India allowed the withdrawal of an appeal filed against an order due to a mistake in filing. The appeal was intended to be filed against a different order but was mistakenly filed against the wrong one. The Court permitted the withdrawal of the appeal and suggested that action be taken against the officer responsible for the error.