2019 (3) TMI 1873 - SC - Central Excise

Condonation of delay of 438 days in filing review petition - HELD THAT - The review application is predicated on a subsequent larger Bench judgment of 6.12.2019 while the order in question in the present case was pronounced on 27.03.2019. The review petition has been filed on 7.7.2020 - Even if the contention of the applicant was to be considered, it is based on a subsequent judgment while no grievance was made qua the judgment in question for all the period of time. Not only that, the larger bench judgment is dated 6.12.2019 and the review application has been filed after 7 months. The delay in filing review petition is not liable to be condoned and the petition is dismissed on the ground of limitation.

Summary

The Supreme Court dismissed a Review Petition filed with a delay of 438 days, citing that it was based on a subsequent judgment and not on any grievance made during the relevant period. The petition was filed after 7 months from the larger bench judgment, leading to dismissal on the ground of limitation.