2019 (4) TMI 1555 - HC - Central Excise

Condonation of delay of 1535 days in filing appeal - extension of time for making compliance - HELD THAT - The fact that the amounts are belatedly paid is not disputed by the respondent. To ensure that the Revenue is adequately compensated, the applicants have agreed to pay interest at the rate of 9% per annum on the amounts which are due and payable under the common interim order from 19th August, 2014 (the date on which time fixed under the order of this Court expired till the date of payment of the entire amount). The learned Counsel appearing for the applicants states that the first sentence in paragraph no.5 of the undertaking has been inadvertently incorporated and the same may be treated as deleted. He states that the interest at the rate of 9% p.a. will be actually paid and there is no question of furnishing bank guarantee for the said amount. Considering the fact that the compliance with the undertaking will compensate the Revenue to a substantial extent for the delay, the notices of motion deserve to be made absolute.

Issues:
1. Extension of time to comply with conditions in the common interim order of the Tribunal.
2. Condonation of delay of 1535 days in seeking relief.
3. Dispute over the operative status of the court order dated 21st July, 2014.
4. Compliance with the undertaking by depositing requisite amounts.
5. Consideration of interest payment to adequately compensate the Revenue.

Extension of Time to Comply with Tribunal's Order:
The judgment revolved around the extension of time granted by the court to comply with conditions in the common interim order of the Tribunal. The applicants, who were appellants in Central Excise Appeals, sought an extension due to delays in depositing requisite amounts. The court considered the delay and ultimately made the Notices of Motion absolute by condoning the delay and extending the time granted under the order dated 21st July, 2014 until the respective dates of full payment by the applicants.

Condonation of Delay:
A significant aspect of the case was the prayer for condonation of a delay of 1535 days in seeking relief for extending the time granted by the court. The applicants tendered undertakings and deposited the amounts as per the order dated 26th April, 2013, confirming compliance with the conditions. Despite the substantial delay, the court accepted the undertakings and made the Notices of Motion absolute, emphasizing the importance of compensating the Revenue adequately.

Dispute over the Operative Status of Court Order:
There was a dispute regarding the operative status of the court order dated 21st July, 2014. The respondent contended that the order was always operative, while the applicants argued that it only became effective after the dismissal of a curative petition on 18th February, 2016. The court considered these arguments but ultimately focused on the compliance with the conditions and the need to compensate the Revenue appropriately.

Compliance with Undertaking and Deposit of Requisite Amounts:
The applicants had deposited the entire amount due and payable as per the order dated 21st July, 2014, albeit through various installments. The court noted that the belated payments were not disputed by the respondent. The applicants agreed to pay interest at the rate of 9% per annum to ensure adequate compensation for the Revenue. The court accepted the undertakings and emphasized the importance of fulfilling the commitments made to compensate for the delays.

Consideration of Interest Payment for Revenue Compensation:
A crucial aspect of the judgment was the consideration of interest payment by the applicants to adequately compensate the Revenue for the delay in compliance. The court highlighted that the interest payment was agreed upon to offset the delay and was considered as costs. It was clarified that the payment of interest would not impact the main controversy on merits, emphasizing the focus on compensating the Revenue for any delays in compliance.

This detailed analysis of the judgment highlights the key issues addressed by the court, including the extension of time, condonation of delay, compliance with undertakings, dispute over the operative status of the court order, and the consideration of interest payment to compensate the Revenue adequately.

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