2017 (5) TMI 83 - SCH - Customs

Maintainability of review petition - condonation of delay - the interlocutory application was filed eleven months after the judgment in the civil appeal - the decision in the case of Commissioner of Customs, Mumbai-I Versus M/s. Seiko Brushware India 2015 (9) TMI 458 - SUPREME COURT sought to be reviewed - Held that - when interlocutory application was filed first and thereafter the review, delay because of that reason could have been condoned. However,in present case, even the interlocutory application was filed eleven months after the judgment in the civil appeal. Therefore, there is no valid justification for condoning the delay - delay on condoned - review petition dismissed.

Summary

The Supreme Court dismissed the review petition due to a delay of 492 days in filing it and found no merit in the petition upon review. The review petition was filed after an interlocutory application, which itself was filed eleven months after the judgment in the civil appeal.