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2017 (8) TMI 1224 - HC - Central ExciseCondonation of delay of 1825 days in filing appeal - Held that - the indulgence of the Court cannot be granted to a litigant who is far from diligent in pursuing his remedies. It is plain that, at every stage, the Appellant did not care to follow up the matter diligently and, in such circumstances, the Court is not inclined to condone the extraordinary delay of 1825 days in filing the present appeal - delay not condoned - COD application dismissed.
Issues: Extraordinary delay in filing appeal, challenge to CESTAT order dated 14th October 2011
In this case, the main issue revolves around the extraordinary delay of 1825 days in filing the appeal against the order dated 14th October 2011 passed by the Customs, Excise and Service Tax Appellate Tribunal (CESTAT). The history of the case reveals that a Show Cause Notice was issued to the Appellant in 2007, leading to a confirmed demand in 2008. An appeal was filed, but due to non-compliance with the pre-deposit order, the appeal was dismissed in 2009. Subsequent attempts to challenge this dismissal were unsuccessful. The Appellant cited medical reasons and personal circumstances, including medical treatment and the death of a family member, as reasons for the delay in filing the appeal. The Court highlighted that challenging only the 2011 order without addressing the 2009 order was futile, especially considering the significant delay in filing the appeal. The Appellant's explanation for the delay based on medical grounds and personal circumstances was considered, but the Court emphasized the lack of diligence in pursuing remedies. The Court noted that previous attempts, including a writ petition and an earlier appeal, were not diligently followed up by the Appellant. Despite acknowledging the potential consequences for the Appellant, the Court declined to condone the substantial delay of 1825 days in filing the appeal. Ultimately, the Court dismissed the application for condonation of delay and consequently dismissed the appeal due to the extraordinary delay in filing. The judgment underscores the importance of diligence in pursuing legal remedies and highlights that lack of follow-up and diligence can impact the Court's decision to condone delays in filing appeals.
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