2007 (9) TMI 17 - HC - Central Excise

Condonation of Delay Appellant contended that delay in filing reference petition was due to the bonafide belief - Held that appellant contention was not correct and it was dismissed

Summary

Issues: Delay in filing Reference Petition under Section 35H(1) of the Central Excise Act, 1944

In this judgment, the primary issue at hand is the delay of 1494 days in filing a Reference Petition under Section 35H(1) of the Central Excise Act, 1944. The petitioner sought condonation of delay, citing pursuing another remedy under a bonafide belief as the reason for the delay. However, the court noted that there was no evidence of the case being listed before the High Court of Delhi as claimed by the petitioner. The court found the delay to be inordinate and not justified, indicating a reckless and negligent manner of pursuing the case.

The court analyzed previous cases where applications for condonation of delay were dismissed under similar circumstances, emphasizing the importance of timely and diligent legal proceedings. The court highlighted the dismissal of the application for condonation of delay in this case, drawing on precedents to support its decision. Ultimately, the court dismissed the main petition on the grounds of the delay in filing it, as the application for condonation of delay was deemed devoid of merit.